NJ Law Regarding Living Together Eviction

[Lyn123]

There are 2 parties living together unmarried. Party #1 is the owner of the home. Party #1 has asked Party #2 to move out. Party #2 refuses to leave. Party #1 has provided Party #2 with a written notarized notification to vacate within 30 days. Party #2 has not vacated the home. This has been going on for 10 months. Party #2 has been physically and verbally abusive to Party #1 during this time. What are the legal options for Party #1? Can Party #1 change the locks to their home? Or do they have to obtain a legal eviction? Party #2 does not and has not paid any rent or bills for the property.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Lyn123:
There are 2 parties living together unmarried. Party #1 is the owner of the home. Party #1 has asked Party #2 to move out. Party #2 refuses to leave. Party #1 has provided Party #2 with a written notarized notification to vacate within 30 days. Party #2 has not vacated the home. This has been going on for 10 months. Party #2 has been physically and verbally abusive to Party #1 during this time. What are the legal options for Party #1? Can Party #1 change the locks to their home? Or do they have to obtain a legal eviction? Party #2 does not and has not paid any rent or bills for the property.<HR></BLOCKQUOTE>

The party of the first part may not evict the party of the second part as long as the party is still going on. If the party is over, this is not a L/T matter but a domestic. Call the police and file a TRO. Then kick party #2's butt out and change the locks.

 

[LYN]

The party has been over for 10 mths. Party #2 refuses to leave. How do you physically get someone out of your home without putting your hands on them? I was told legally that is was a landlord/tenant issue and not a domestic issue, which is true? Party #1 can legally change the locks without being subjected to legal consequencies?

 

[LYN]

Also what is TRO? Is this a restrainin order? Thanks!!!

 

[LYN]

By the way, what is a TRO? Is it a restraining order?
THANKS!!

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LYN:
The party has been over for 10 mths. Party #2 refuses to leave. How do you physically get someone out of your home without putting your hands on them? I was told legally that is was a landlord/tenant issue and not a domestic issue, which is true? Party #1 can legally change the locks without being subjected to legal consequencies?<HR></BLOCKQUOTE>

Party 1 is the owner and Party 2 has paid no rent or bils. Therefore Party 2 is nothing but a guest (or live-in lover) that has no ownership interest in the property. If Party 2 claims a tenancy arrangement ask for proof of a lease agreement and/or rent/utility/security deposit receipts.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LYN:
By the way, what is a TRO? Is it a restraining order?
THANKS!!<HR></BLOCKQUOTE>

Temporary Restraining Order.

 

[Lyn123]

Does the outcome change if Party #2 has a child living in the home? The Party #1 is not the parent of the child and has no obligation to the child whatsoever. But, does the law recognize that if Party #2 is locked out of the home, there can be some legal recourse by Party #2 if a child is involved eventhough that child does not belong to Party #1? This is Party #1's main area of concern.

 

[LegalBeagle]

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[This message has been edited by LegalBeagle (edited September 22, 2000).]

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Lyn123:
Does the outcome change if Party #2 has a child living in the home? The Party #1 is not the parent of the child and has no obligation to the child whatsoever. But, does the law recognize that if Party #2 is locked out of the home, there can be some legal recourse by Party #2 if a child is involved eventhough that child does not belong to Party #1? This is Party #1's main area of concern.<HR></BLOCKQUOTE>

The outcome does indeed change, especially if the child is a minor. Forget all this Party #1 and #2 crap and get to the point. You have failed to provide all the facts. I would never advise anyone to lock a kid out of their own home.

Is there any other important and crucial facts that you have not provided. Perhaps that there is another person Party #3 who is the lesbian lover of Party #2 who is the bio parent of the child that Party #2 has custody of, Party #3 bought a half interest in the property by way of a land sales contract but did not pay the homeowner's insurance due to a BK filing, so when a rotted tree fell on Party #1's car, there was no insurance to cover the damage being that Party #2 was supposed to register the car and get auto insurance last month but could not due to an unpaid traffic ticket from a hit and run. Party #1 owns the business that Party #3 works at and Party #3 has been fired by Party #1 and later Party #3 filed a sexual harassment lawsuit against the company. The lawsuit wa s dismissed because Party #3 had no green card and is considered an illegal alien. That's why Party #2 is pissed.

 

[Lyn123]

Sorry, but this situation does not contain all that drama!!!!! Is this your professionaly legal opinion???? Party #1 (a man) and Party #2 (a woman)were in a love relationship. Once Party #2 moved into the home of Party #1 (remember they are unmarried), Party #1 realized that the relationship wasn't going to work. Party #1 called off the relationship and asked Party #2 to move out. Party #2 has mo ownership in the property or any of it's contents other than the clothes on their back. Party #2 brought with her, her child from a previous relationship. Therefore, the child is not the child of Party #1, so Party #1 has no legal or financial obligation to the child what-so-ever. Party #2 just refuses to leave. She keeps begging for another chance and won't leave the home. Party #2 has not paid a bill since she's been there (so no wonder she doesn't want to leave, she didn't have to pay for anything). Party #1 (the man) doesn't want to put his hands on Party #2 and physically remove her from his home. His biggest concern is the child and if he can change his locks legally. It's not like Party #2 and her child are being locked out of their home, because the home is not theirs, they were guests in the home. Party #1 is very tired of the situation and what's in ensure that he can legally change his locks without any negative fallout.

 

[I AM ALWAYS LIABLE]

My response:

How can we know what's legal in your State?

You've never mentioned your State, so we can't look up your L/T laws.

Homeguru is, in essence, stating that she can't stay in the house 24/7. So, when she does leave, make sure you have your new locks ready, and start replacing. Put her clothes and everything else in a box (including the child if she left the child with you), and don't answer the door when she comes knocking.

Now, if you want the full skinny on your real rights and responsibilities, tell us your State.

IAAL

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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited September 22, 2000).]

 

[mena]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by I AM ALWAYS LIABLE:
How can we know what's legal in your State?

You've never mentioned your State, so we can't look up your L/T laws.
<HR></BLOCKQUOTE>

Choose:

a) he mentions it in the title
b) you can't read
c) your lazy

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by mena:
Choose:

a) he mentions it in the title
b) you can't read
c) your lazy<HR></BLOCKQUOTE>


My response:

I choose (d), all of the above.

IAAL


------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[njc]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by mena:
Choose:

a) he mentions it in the title
b) you can't read
c) your lazy<HR></BLOCKQUOTE>
bad day? you could have eliminated "b" & "c" and still have gotten your point across. *n*