Philadelphia, PA asked in Landlord - Tenant for New Jersey

Q: Can my uncle evict my nephew without a lease even if the apartment was never supposed to be an apartment legally

So my uncle been trying to take him out his house for a while, well the basement for probably more than a year he doesn’t have a lease for him so I know he stays there with tenant at will like a month-to-month basis but now my uncle is trying to sell the house and since it’s not a livable apartment and it’s not part of the mortgage he’s not sure how he could go about that legally and if you can even do that. my nephew has broke doors not paid for it, he has a dog there that is making the house smells like Pee. He has not paid rent m. my nephew put a lot of people there in and out all the time without even like permission as it was only supposed to be him and his first girlfriend but then he’s had a bunch of multiple girlfriends it’s only like a two bedroom apartment he has like eight people living there plus he’s got a girlfriend she’s pregnant and My uncle wants to sell the house And he lives in New Jersey there’s different rules over there he’s not sure what to doThank you in advance

Related Topics:
1 Lawyer Answer
Matthew Schutz
Matthew Schutz
Answered
  • Landlord Tenant Lawyer
  • Flemington, NJ
  • Licensed in New Jersey

A: Assuming that your uncle has never taken rental payments from his nephew, he can file an ejectment action in the Special Civil Part. This is different than an eviction action.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.