Can I legally remove my adult stepdaughter from my house in NJ?

Question

I have allowed my adult stepdaughter to live in my house for over two years, but she is now an unwelcome guest. There is no lease or rental agreement between us, and I am the sole owner of the property. Her mother, my spouse, agrees with her removal. During her stay, my stepdaughter, along with her unsupervised child, has significantly damaged a $7,000 renovated bathroom and ruined the entire downstairs area where they reside. The conditions are currently unfit for her child. I have asked her to leave, but she responded that she "can't afford it" and demands payment to do so. I am considering legal help and possibly police enforcement if required. Additionally, she has threatened to call the police on her mother over transportation disputes. There haven't been incidents requiring intervention yet. I intend to sell the house within the year. Can I legally remove her from my house, and what steps should I take?

Anthony M. Avery · Answer

Hire a NJ attorney to sue Daughter for possession only.

Matthew Schutz · Answer

Assuming that she does not pay you rent, you would need to file an ejectment action. It is quicker than eviction. Rent is defined in the very broadly so I would need to conduct an a consultation with you by phone for in person to figure out if this is the proper route. From what I read in your question it probably is.

James L. Arrasmith · Answer

In New Jersey, since there is no lease or rental agreement between you and your adult stepdaughter, she is considered a "guest" and can be asked to leave. As the property owner, you have the right to remove an unwanted guest, especially if both you and your spouse agree that she should leave. However, if your stepdaughter refuses to leave voluntarily, you would need to go through a formal legal process, which might include filing for eviction in municipal court. 
 
The fact that she is threatening to involve the police over unrelated disputes does not change your legal right to ask her to leave. However, eviction laws in New Jersey require proper legal steps if she refuses to go. If she does not leave voluntarily, you would likely need to serve her with a formal eviction notice, which may involve filing for a formal eviction process if necessary. 
 
Before taking legal steps, it’s a good idea to try to resolve the situation amicably. If that’s not possible, and you feel that further escalation could involve more conflict or harm, seeking legal help or guidance from a local attorney can provide clarity on the best course of action. If the situation becomes tense or unsafe, involving law enforcement may be necessary for your protection, especially if she refuses to leave.

Q: Can I legally remove my adult stepdaughter from my house in NJ?