Eviction in NJ?

Question

My uncle passed away and another family member lived with him for a few years rent free. The state did give my uncle some money but not for long. The other family member does not work, has zero income and is slow. My uncle's children get everything and they want to sell the house. The relative keeps saying they are moving out but still have not. How do they legally get the other family member out of the house?

The relative is mentally disabled. They worked years ago but we do not believe they can now. We have offered help many many times over the years with resistence. Now we have made attempts to get help through social security disability and they refuse to go to the meetings. They say there is nothing wrong with them and they do not need help. This has been an ongoing family issue for over 30 years and we don't know what to do anymore.

The money my uncle received was from the state and for rent. The money has since ceased. My uncle was never formally deemed "caretaker". When the relative first moved in with him, they worked but then decided to quit and not return to work because they were never forced to. The relative has never been formally diagnosed as they will not go for diagnosis.

Answer 1

The pivotal issue is this: What was the money the government was giving to your Uncle for? I would also like to know why the government was giving this money to your Uncle directly. Also, what does your Uncle's will say about this family member? I think it is also important to know how slow the family member is. What is this family member classified as mentally? Was your Uncle the caretaker?

If the government money is not considered rent, your family member is a guest and must leave. If the money is considered rent, the new owners must provide thirty days written notice for the family member to leave, assuming there is no written lease. One potential problem that may occur is if the family member is considered an incompetent. That is another story.

UPDATE: So, your relative did not live there rent free.
Your relative is a tenant and may have complete control of the house. Assuming there is no written lease or other exception, thirty days notice still applies. The other exception may occur if the tenant fights in court. He has lived in the house a long time and he may be afforded different removal procedures due to a variety of factors. To avoid losing on a technicality, your relatives may wish to move into the house. They need to provide sixty days written notice and physically stay there. Upon occupying the dwelling, your relatives may then provide thirty days written notice to leave, without reason.

An eviction for non-payment of rent is also an option. However, it is fraught with issues. It is not as simple as some make it sound saying that your answer is easy - evict. Technically, the tenant is a non-payer, but is he? How much was the rent? It can be argued by tenant's attorney that rent was $1 and it sounds like that was basically the case.

Try the written notice. If relative does not leave, move to evict, but I would steer clear of evicting for non-payment of rent. Evict as a holdover tenant who will not vacate. If tenant gets a legal aid attorney, you should hire one as well as you can be frustrated for a very long time, otherwise. Try finding a new place for the tenant/relative to live. That would make the notice to terminate go over smoother and settle better with the court. They wouldn't want to see him homeless. Good luck.

Answer 2

Yu say the relative was living with your uncle rent free. Also that this family member does not work has zero income and is slow.

When you say that this person is slow do you mean to say that this person is mentally disabled?

Is this person able to work?

If this person does not have any income I do not see how they will be able to rent somewhere.

I suspect the big problem here is that this person has no place to go.

Unfortunatley this does seem to be a difficult problem because this person as you say has no income.

They also apparently have no place to go.

Can you help this person get a job and help this person find a place to stay?

Answer 3

You've answered your own question: Eviction. This has to go through the courts. You can probalby file it yourself -- the Court Clerk's office can often provide guidance -- but I'd recommend an attorney personally. The mechanics aren't all that hard but the timelines and procedures have to be followed to the letter or the tenant can have the action tossed out on technicalities.

Answer 4

you may evaluate harrassment notwithstanding it ought to look as while you're racist via fact of their flavor in nutrition and their indian. Is the eviction letter on organization letter head? via fact they are in a position to declare it is your word against yours. Or the indian ought to have caught it on your door. I understand that scent of kuri. I used to have examine out residences after an indian family individuals leaves and that scent remains there. however the real winners may well be the attornies. look on finding out to purchase a house.