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my aunt's got a strange guy in her apartment

N

nageov3t

Lifer
so, my aunt has a two family house. for the past decade or so, she's rented it out to a polish lady who's kinda been a pain in the ass recently (late bill payments, not paying the full amount, etc). since my aunt wanted her gone and I wanted a new place to live, it seemed like the perfect opportunity to evict her so I could move in.

last week, the tenant received formal notice that she was to be out of the apartment by the end of July. she responded by tearing up the notice and hopping on a flight back to Poland :hmm: great news for me if it means I can get into the apartment early and start gutting the place (my plan is to compensate for the ridiculous rent break I'm getting by renovating the place; I wanted to paint, redo the floors, replace the locks, and install a new fridge/oven/dishwasher before moving in).

lo and behold, however, it turns out that the tenant sublet the second bedroom in her apartment to some random guy who my aunt's never met and who has no clue wtf is going on 😕 so how'd you respond? my vote was to give him 2 weeks to pack up and get out before calling the cops.

7/29 update -- my parents talked to the guy shortly after I posted the OP and gave him till the end of July (and gave him a copy of the June eviction notice that was sent to the person he sublet the apartment from). the guy originally tried to get out of paying any rent whatsoever for July, but eventually coughed up $350 🙄 (fair market price for the apt would probably be $1,200-1,500/month)... out or not, we're going over there on Saturday night with a locksmith.
 
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If you're nice sure give him 2 weeks but I'm sure your aunt doesn't want some random guy living in her house with her.
 
If the sublet is illegal then tell the random guy to leave. If you don't want to be an asshole, give him a couple of weeks if he didn't knowingly sign into an illegal agreement.
 
What's the lease say? No subletting allowed?

I'd say knock on the door, inform him that the tenant has been evicted and give him a period of time to move out. If he seems like a genuinely decent guy surprised by the situation, give him a week to find new housing. If not, give him 24 hours.

I'm not familiar with the eviction laws where you are, so I can't comment on whether the eviction was actually done legally. Assuming it was, you can probably call the Sheriff to get everyone out if need be.
 
If this were CA, me and a couple of my friends would be there to help him get his stuff out.
A homeowner who occupies a home and is renting a room is not a commercial boarding house, here in California.
Thus, any decision by the homeowner to evict someone is enforceable immediately and they can go so far as to box your shit up and change the locks.
Can't lay hands on anyone, but can move their crap out of the house.
Rental property is another matter entirely, and different states treat an owner occupied home with rental differently, I'm sure.
 
I'd give him 2 weeks, under the assumption it'll take 30 days. In other words, I'd tell him he has 2 weeks to find a new place but I wouldn't get shitty about it until a month was up. Kicking someone to the curb without notice is lame.
 
lxskllr said:
I'd give him 2 weeks, under the assumption it'll take 30 days. In other words, I'd tell him he has 2 weeks to find a new place but I wouldn't get shitty about it until a month was up. Kicking someone to the curb without notice is lame.
Click to expand...
Sometimes it's what happens when people misbehave.
 
http://www.landlord.com/lawresoverview.htm
In the case of any notice of termination, by default or not by default, the notice should describe the property by giving its address, be dated, identify all adults on the premises known to the landlord, and be signed and dated by the owner or a person empowered to act on his behalf. Any subtenant, authorized by the landlord or not, is entitled to an opportunity to perform a notice based on default (including a notice to stop subletting).

​
The notice must be properly delivered to the tenants. A 30 day termination notice may be served by registered or certified mailing {Civil Code Sec. 1946} In addition, this and the default and nuisance notices mentioned above may be served by three methods only: 1. hand delivery, 2. substituted service and mailing, or 3. posting and mailing. Substituted service of the notice may only be resorted to when the landlord has first attempted service at the tenant’s home and any known place of employment {Code of Civil Procedure Sec. 1162}.​
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This is California law. You're stuck having to give him 30 days notice even if he's illegally subletting.

Where are you located? Maybe the law is different.

[Edit for New Jersey]

Still looking for sources that apply to residential leases.

http://www.lexmundi.com/images/lexmundi/PracticeGroups/RealEstate/Survey4/USA_NewJersey.pdf
Describe any laws allowing tenants to assign or sublease without landlord’s consent.
In New Jersey, commercial leases invariably require the landlord’s consent to an assignment or sublease. In absence of such a provision, a commercial tenant can freely sublet or assign its lease without the landlord’s consent.

What is the common form of eviction proceeding? What is the customary length of time for that proceeding?
An action for eviction is brought as a summary dispossession proceeding in the Superior Court, Law Division, Special Civil Part. N.J. Stat. Ann. § 2A:18-53. The time frame for such proceedings varies, but is usually completed 30 to 60 days after commencement.
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http://www.lsnjlaw.org/english/placeilive/irentmyhome/tenantsrights/chapternine/index.cfm

"Exceptions to eviction for cause
Almost all tenants are covered by the Anti-Eviction Act. However, the law does not apply to tenants residing in buildings or houses with three or fewer apartments where the owner lives in one of the apartments. This is known as the “owner-occupied” exception. Tenants subject to the owner-occupied exception may be evicted at the end of the lease term for any reason. If you are a month-to-month tenant living in a building with three or fewer apartments and your landlord lives in one of those apartments, the landlord needs only to give you a month’s notice to quit before taking you to court. "

http://www.rentlaw.com/newjersey.htm

"Some provisions found in leases are a matter of preference by the landlord. Examples of such provisions are: 1) A landlord may restrict subletting or assigning of the leased unit;"

If the original lease doesn't specifically restrict subletting...the best case will be to give the guy 30 days notice and hope he moves out willingly. Otherwise, she may be in for a court battle.

IMO, time to talk to a lawyer who specializes in real estate & evictions.
 
hopefully I'll have an update tomorrow! all the information I have is coming 2nd hand from my half-senile 90 year-old aunt... my mom is going over to the place to talk with the guy after work tomorrow.
 
AreaCode707 said:
http://www.landlord.com/lawresoverview.htm
This is California law. You're stuck having to give him 30 days notice even if he's illegally subletting.

Where are you located? Maybe the law is different.

[Edit for New Jersey]

Still looking for sources that apply to residential leases.

http://www.lexmundi.com/images/lexmundi/PracticeGroups/RealEstate/Survey4/USA_NewJersey.pdf
Click to expand...

You may be required to provide 30 days at a minimum under law but if they explain it to the tenant he may chose to leave on his own before that time is up. They can't force him out faster than that but that doesn't mean he won't chose to leave sooner.
 
loki8481 said:
hopefully I'll have an update tomorrow! all the information I have is coming 2nd hand from my half-senile 90 year-old aunt... my mom is going over to the place to talk with the guy after work tomorrow.
Click to expand...

Thank god, some sanity. Most likely the guy knows nothing about his being an illegal sublet. I hope your mom is the reasonable type. If he's an innocent caught in a bad situation not of his making, give the guy a decent break.

Treat others like you would want to be treated.
 
Perknose said:
Thank god, some sanity. Most likely the guy knows nothing about his being an illegal sublet. I hope your mom is the reasonable type. If he's an innocent caught in a bad situation not of his making, give the guy a decent break.

Treat others like you would want to be treated.
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How is he going to make a profit with an attitude like that?
 
The only way to get the person out Legally:

(1) Write a 3 day move out notice

If the person is still there after the 3 day notice

(2) 30 day notice - make sure its Certified letter, Notarized

If the person is still there after 30 days

Start the eviction Process:

Thats the only way to get this person out of the Apartment: You can harass him to leave but you cannot make him leave, or you cannot Turn off utilities, you cannot lock him out:

Its a breach in the lease but take the legal approach. If you dont it may backfire fast and cost you money, Court fees and all kinna stuff.. Do the above an be legal..
 
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BlahBlahYouToo said:
pics of aunt?
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IMAG0018.jpg


back row, second from left... this pic is like 35+ years old.
 
sjwaste said:
I'm not familiar with the eviction laws where you are, so I can't comment on whether the eviction was actually done legally. Assuming it was, you can probably call the Sheriff to get everyone out if need be.
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OP needs to familiarize himself with eviction laws in his municipality. Throwing him out in 2 weeks could lead to a costly lawsuit even if he was not supposed to be there.
 
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