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Can I kick my tenant out, put her belongings outside of the house, & change the house lock? She refuses to leave.

Eatontown, NJ |

Tenant rented a room in my house. Moved in, a few days later wanted out, complaining about all the conditions she already agreed to. Wanted her money back and refused to adhere to the contract she signed. Contract stated that if she move out prior to her 2 months contract she will have to pay an extra month of rent. She complained that the temperature in the house (58 degrees) is violation of the rental code. The heat is kept in 58 degrees & is constantly running; upstairs is too hot to turn higher than that. She claims that everything is not to her liking and that she will not move unless things are settled her way. She also says she will not speak face to face, and only her lawyer will speak for her. She says she will stay in the house until all her money is returned.

Attorney Answers 3


No, you may not "kick out" a tenant. If she refuses to leave, and is in violation of some lease term, then you may file for an eviction. However, "self help" evictions are illegal and can cost you a lot of money.

If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.

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Dear she refuses to leave?

I am an attorney licensed in New York. I do not practice law in New Jersey.

Your tenant has an attorney. And you claim to provide constant 58 degrees heat. In the heating season, that would be a violation of New Jersey law.

New Jersey law requires an indoor temperature of 68 degrees between the hours of 6 AM until 11 PM, and at least 65 degrees between 11 PM and 6 AM, from October 1 to May 1.

You should become familiar with your obligations as a landlord in New Jersey and to know what a tenant expects from you based on the law.

Read more at:

The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.

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You have civil and criminal liability on a self help eviction. You need to go to L/T court

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