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

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1 Lawyer Answer
Matthew Schutz
Matthew Schutz
  • 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.

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