Tenant Status and Eviction - Landlord Forum thread 333957

Tenant Status and Eviction by Bob Barker (New Jersey) on April 22, 2015 @07:52

Hello all. I am hoping for some educated opinions of New Jersey's Landlord-Tenant laws.

My brother owns his house and has had a live in girlfriend for more than 10 years. They never married, nor presented themselves as a married couple.

He passed away. We are trying to settle the Estate and sell his home. We have asked the girlfriend to leave the home, but she refuses. She has never paid rent and no lease exists. To add to the problem, she is handicapped and receives benefits for such.

Do I need to file an eviction action in court to have her removed?

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Re: Tenant Status and Eviction by Katiekate (New York) on April 22, 2015 @08:33	[ Reply ]

This is not a landlord/tenant issue. This belongs in family court. I think is it nasty for you and your family to take a person your brother obviously care about and try to just dump her on the street...disabled too....geez Take this to a lawyer...she isn't a tenant and never was....landlord-tenant relationship does not exist..never did.

Re: Tenant Status and Eviction

Re: Tenant Status and Eviction by Garry (Iowa) on April 22, 2015 @08:54	[ Reply ]

Have you ever heard of a "common law" Marriage ? If your state recognizes it as an "official" marriage, then Katiekate is right. Your problems belong in a family court. You need to see a lawyer about this. You must know about "common Law" marriages, , otherwise you would have never used the words " nor presented themselves as a married couple " because that is what a "legal" marriage hinges on in the common law world.

Re: Tenant Status and Eviction

Re: Tenant Status and Eviction by Anonymous on April 22, 2015 @11:06	[ Reply ]

The estate of your deceased brother is now the owner of the property. Your brother's guest in his home has been asked to leave by the legal owner (Administrator or Executor of your brother's estate). You will have to evict her since she has refused to vacate voluntarily. Shack-ups do not have an inherent right to occupy once the homeowner is dead.

Who owns the property? by CCRider (CA) on April 23, 2015 @02:56	[ Reply ]

Whomever owns the property, if it's not the GF, can kick her out. If you are the legal owner, then I'd serve her the proper eviction papers. Then, expect her to get legal counsel. But, I think you're going to need a lawyer for this one.

Re: Who owns the property?

Re: Tenant Status and Eviction by anon on April 26, 2015 @00:09	[ Reply ]

You have to see a lawyer and do an eviction.