scared, confused, and feeling helpless

[housek]

my stepdad believes i agreed to pay him rent from may 09 through today, although i repeatedly tell him this is not the case. i gave him a rent check the first of nov 09, and i told him i'd have another check for him on the first of dec, but he still wants me to pay him the "back rent" or he wants me to move out. i told him we didn't and do not have a contract that says i would pay him starting in may, so he wants me to get my things and move out of the house within 30 days. my mom disagrees. she feels i should not have to pay the "back rent" since there was no formal conversation or written agreement. both of their names are on the deed to the house.. can he have me removed without my mom's consent?

 

[Gail_in_Georgia]

Your stepfather needs to understand that New Jersey is a very tenant friendly state; one of the most tenant friendly states in the entire country.

New Jersey only allows very specific reasons to evict a tenant; they are outlined in the attached. Failure to pay rent is the most common one; however, since your stepfather has accepted rent for November he accepts that you ARE paying rent and you cannot be evicted for such.

http://www.lsnjlaw.org/english/placeilive/irentmyhome/tenantsrights/chapternine/index.cfm

On the other hand, in the absence of a written lease (which would specify a date for the beginning and end of such) you are considered to have a "month to month" tenancy; i.e., your lease begins the first day of the month and ends the last day.

Such tenancies can be terminated with a 30 day WRITTEN notice on the part of either the tenant or the landlord. The article also describes how and when this notice must be presented to the tenant.

And yes; as your landlord your stepfather can terminate your "tenancy" even without your mothers consent.

Gail