Q: Can I evict someone from apt. For cocaine use despite covid ban in NJ? He is roommate, refuses to leave.
refuses to leave or pay rent. Has used cocaine about three times in past 10 days.
A:
You are entitled to quiet enjoyment of the premises. The use of marijuana in the premises is a violation of your lease. The landlord needs to take action to ensure that you have quiet enjoyment of your premises. Pursuant to the memorandum of the Administrative Office of the Courts in July, 2020, the landlord may seek emergent relief with an order to show cause for tenants that were damaging the premises or other grounds establishing the interest of justice standard. The application is made to the court by the landlord on order to show cause and would need to specify the grounds justifying emergent relief to be granted by the Court. If the Court grants the relief sought by the landlord, the landlord is only entitled to the removal of the tenant from the premises and would not be entitled to the payment of back rent. The landlord would first need to satisfy the law and serve a notice to quit and then a notice to cease depending on the grounds for removal.
While orders to show cause for emergent relief to evict the tenants are difficult, the use of cocaine in the tenant premises is a basis for removal of the tenant. I would recommend that you consult an attorney to send a letter to the landlord to ask the landlord pursue action against the tenant in violation of your lease.
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