edinjersey
New Member
Hi,
I need some help from somebody who knows what they're talking about from a legal sense.
I am renting a 3BR townhouse from the owner of the townhouse. I am the only one on the lease. I decided to save money and sublet the 2 smaller rooms. However, one of the tenants/roommates (a grad student who was supposed to be getting support from their biological father-their own parents actually live a mile away) is a habitual liar and has repeatedly not paid rent. Never seen anything like this.
Here's the issue. I need to know what the proper procedure is for eviction. I actually followed (thought I followed) the proper path and went to court and got them to sign something where they were supposed to pay $2500 in past rent or move out. They ended up paying this (but only b/c of somebody backed into their car and they conned the guy out of the money). Ongoing rent they agreed to pay was $650+utilities but now they are behind on rent let alone utilities.
I went back to court to evict based on the breach of the agreement. However, there were boxes on the warrant for removal form that indicated that the owner/agent of the property must be the one to evict. A supervisor at the landlord/tenant office said that only the OWNER can evict and asked if the judge was aware that I wasn't the owner (to the tenant I am the landlord-they don't even know the person I'm renting from). I said probably not since when we went to court, we both signed the form, handed the form to the clerk and it came back signed without even speaking to the judge.
My question is, is this really the law and if so, what avenue should I pursue? I wasn't able to get a straight answer. This person is not on the lease whatsover and I never made a written lease with them. I don't really want to involve the landlord (if I needed to I could get his permission to perhaps act as his agent to evict-don't want him to have to shuttle in to court). Do I need to get a restraining order? I am thoroughly confused at this point. For me the best thing would be the convince the person to actually get a job to supplement money that they are getting. And I've already tried contacting the person sending the checks but they don't answer.
Anybody know what I'm supposed to do legally in the state of New Jersey?
I need some help from somebody who knows what they're talking about from a legal sense.
I am renting a 3BR townhouse from the owner of the townhouse. I am the only one on the lease. I decided to save money and sublet the 2 smaller rooms. However, one of the tenants/roommates (a grad student who was supposed to be getting support from their biological father-their own parents actually live a mile away) is a habitual liar and has repeatedly not paid rent. Never seen anything like this.
Here's the issue. I need to know what the proper procedure is for eviction. I actually followed (thought I followed) the proper path and went to court and got them to sign something where they were supposed to pay $2500 in past rent or move out. They ended up paying this (but only b/c of somebody backed into their car and they conned the guy out of the money). Ongoing rent they agreed to pay was $650+utilities but now they are behind on rent let alone utilities.
I went back to court to evict based on the breach of the agreement. However, there were boxes on the warrant for removal form that indicated that the owner/agent of the property must be the one to evict. A supervisor at the landlord/tenant office said that only the OWNER can evict and asked if the judge was aware that I wasn't the owner (to the tenant I am the landlord-they don't even know the person I'm renting from). I said probably not since when we went to court, we both signed the form, handed the form to the clerk and it came back signed without even speaking to the judge.
My question is, is this really the law and if so, what avenue should I pursue? I wasn't able to get a straight answer. This person is not on the lease whatsover and I never made a written lease with them. I don't really want to involve the landlord (if I needed to I could get his permission to perhaps act as his agent to evict-don't want him to have to shuttle in to court). Do I need to get a restraining order? I am thoroughly confused at this point. For me the best thing would be the convince the person to actually get a job to supplement money that they are getting. And I've already tried contacting the person sending the checks but they don't answer.
Anybody know what I'm supposed to do legally in the state of New Jersey?
