Evicting a family member can be a difficult and emotional process, but it may be necessary to protect your rights and property. In this blog post, we will discuss how to evict a family member in New Jersey. We will share the best way to evict a family member in New Jersey, and we will tell you the method to evict them.
We will also share tips on removing a family member politely, the laws involved, and legal tips. Evicting a family member can be a difficult process, but it is important to remember that you have rights. If you are considering evicting a family member, it is important to speak to an attorney to discuss your options.
An attorney can help you understand the laws involved and can help you to protect your rights. Evicting a family member can be a difficult process, but it is important to remember that you are not alone. There are resources available to help you through this process.
How To Evict a Family Member In New Jersey
Evicting a family member can be a difficult and emotional process. However, it is important to remember that you have the right to protect your property and your family.
1. Talk to Your Family Member
The first step is to talk to your family member about the situation. Explain your reasons for wanting them to leave and give them a reasonable amount of time to do so.
2. Give Written Notice
If your family member does not leave voluntarily, you will need to give them written notice. This notice must state the date by which they must vacate the property and the reason for the eviction.
3. File a Complaint with the Court
If your family member does not leave after receiving written notice, you will need to file a complaint with the court. The court will then schedule a hearing to determine whether or not you have the right to evict your family member.
4. Attend the Hearing
At the hearing, you will need to present evidence to support your claim for eviction. Your family member will also have the opportunity to present their case.
5. Get a Judgment
If the court rules in your favor, you will be granted a judgment of possession. This judgment will give you the right to evict your family member from the property.
6. Enforce the Judgment
Once you have a judgment of possession, you can enforce it by hiring a sheriff to remove your family member from the property.
How Much Does it Cost to Evict a Family Member in New Jersey?
The cost of evicting a family member in New Jersey can vary depending on several factors, including the county in which you live, the complexity of the case, and whether you hire an attorney. In general, you can expect to pay between $1,000 and $5,000 in court costs and attorney fees.
| Expense Category | Approximate Cost Range | Notes |
|---|---|---|
| Court Filing Fee | $50 to $200 | Can vary based on county and the amount of rent due. |
| Process Serving Fee | $50 to $100 | Fee for delivering the eviction notice to the family member. |
| Attorney Fees | $1000 to $5,000+ | Highly variable based on complexity and attorney rates. |
| Locksmith (if necessary) | $100 to $300 | To change the locks after eviction, if necessary. |
| Storage for Belongings | Varies | Costs for moving and storing the tenant’s property if needed. |
| Lost Rent (opportunity cost) | Varies | The rent you could miss out on during the eviction process. |
| Miscellaneous Costs | Varies | Includes costs for cleaning, repair, and potential damages. |
- If you are representing yourself, you will need to pay the court filing fee, which is typically around $200. You may also need to pay for service of process, which is the cost of having the eviction notice delivered to your family member. This can cost anywhere from $50 to $100.
- If you hire an attorney, you will need to pay their hourly rate, which can range from $150 to $300 per hour. The attorney will typically charge a flat fee for the eviction process, which can range from $1,000 to $5,000.
FAQs: Evicting a Family Member in New Jersey
Here are some of the most asked questions.
What are the grounds for evicting a family member in New Jersey?
In New Jersey, you can evict a family member if they have violated the terms of their tenancy, such as by not paying rent or damaging the property. You can also evict a family member if they are creating a nuisance, such as by being disruptive or threatening.
How do I start the eviction process?
To start the eviction process, you must serve your family member with a notice to quit. This notice must state the reason for the eviction and give your family member a specific amount of time to vacate the property. If your family member does not vacate the property by the deadline, you can file a complaint with the court.
What if my family member refuses to leave?
If your family member refuses to leave, you will need to obtain a court order evicting them. Once you have a court order, you can have the sheriff remove your family member from the property.
Can I evict a family member if they are not on the lease?
Yes, you can evict a family member even if they are not on the lease. However, you will need to prove that they have been living in the property with your permission and that they have violated the terms of their tenancy.
What are some tips for evicting a family member?
Here are some tips for evicting a family member:
- Document everything: Keep a record of all communications with your family member, including any notices to quit and court filings.
- Be prepared to go to court: If your family member does not vacate the property by the deadline, you will need to file a complaint with the court.
- Get help from a lawyer: An attorney can help you with the eviction process and ensure that your rights are protected.
Related:
What if the family member claims they have tenant right?
It depends on if there’s a formal rental agreement. If there is, they likely have rights. If not, their rights might be limited.
Hello! My question is, Can a homeowner legally evict family members residing in their home without any reason or notice in New Jersey?
No, in New Jersey a homeowner generally cannot evict family members without notice or cause. Even if they’re not paying rent, there’s usually a legal process to follow, including providing written notice and following state landlord-tenant laws.