Q: Can I remove my adult son from my home? He is no longer welcome and I want him out asap.
I am a single mom. I rent a home. My son, 33, is not on the lease nor does he pay rent. I took him into my home in June 2022 after he was shot while trying to purchase drugs in Paterson. Since then, he has been doing crack cocaine and is an alchoholic. When I ask him to leave and move out, he laughs and says he's not going anywhere. Can I have him removed immediately and change the locks or do I need to go through a legal eviction process to have him removed?
A: In New Jersey, ejectment is the legal process for removing non-tenants (like friends and family members) from your property. Generally, a non-tenant is someone who lives on your property but does not pay rent or have an oral or written lease agreement. If someone is paying rent or has a written lease agreement with you, the most likely course of action would be an eviction proceeding. Depending on the circumstances (whether you are seeking to remove a tenant or non-tenant), eviction and ejectment proceedings would be the most likely course of action. The Superior Court's website has detailed instructions and forms for self-represented litigants who wish to pursue an ejectment action to remove an individual from their property. A link is available here: https://www.njcourts.gov/sites/default/files/forms/11947_apply_writ_possess.pdf. I hope this helps and wish you all the best as you navigate what sounds like a very difficult family situation. Should you need additional resources, I would recommend setting up a consultation with an attorney so that you can get legal advice on your specific situation and legal representation in Court.
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