Jean Baptiste & Associates
How to Evict a Tenant in New Jersey with No Lease
In New Jersey, there really is no such thing as renting without a lease of some sort. This is because the state of New Jersey recognizes verbal leases as well as written leases. The New Jersey Department of Community Affairs released a lease bulletin that specifically states the validity of written leases, among other things. However, there are some areas that differ when it comes to a written lease as opposed to an oral lease.
You might wonder what kind of process must be followed when evicting a month-to-month tenant in New Jersey or any other type of tenant with no lease. The information below might clear up some of your questions when it comes to evicting tenants without leases, but you will also need the assistance of an experienced legal team to ensure nothing is overlooked.
Why a Lease Might Be an Oral Lease
The state grants that an oral lease exists any time a landlord agrees to allow someone to stay in a rental unit. Even when there are not specific elements and restrictions attached, the fact that the landlord agreed for the party to stay there at all constitutes an oral lease. This applies even when evicting a month-to-month tenant in New Jersey.
However, if the landlord did not agree to allow the tenants to stay on the property, then the issue becomes one of squatters rather than renters. This applies even when one family member stays with another under an agreement to pay a specific amount of money within a specific amount of time. When this occurs, the normal eviction process must be followed.
Modifications to Oral Leases
When the lease is verbal rather than written, changes to the lease may also be verbal. Changes must be reasonable and not specifically designed to force the renter out. Even a rent increase can be spoken rather than written, but they too must be reasonable.
End of Lease
When a lease ends and a new one is not created, the lease becomes a month-to-month lease. That means either the landlord or the tenant may terminate the lease at the end of the monthly rental period without penalties, so long as the termination remains within the laws set forth for renting in New Jersey.
It is not uncommon for disputes to arise when there is no written agreement. This is especially true when the tenant and landlord don’t agree on what the agreement was from the beginning. This is why knowing how to evict a tenant in New Jersey with no lease is so important.
Experienced Eviction Attorneys in New Jersey
Evictions of any kind can be complicated and difficult for any landlord to manage alone. The real estate attorneys of Jean Baptiste & Associates, LLC are experienced and determined to make sure you get the best possible outcome when it comes to evicting and dealing with your tenants. To discuss your case with one of our capable lawyers, call today or submit the form below to have someone from our office contact you.