6 months ago we purchased a two family house and would like to have our daughter and her family move into the upstairs apartment. There is a...

Question

6 months ago we purchased a two family house and would like to have our daughter and her family move into the upstairs apartment. There is a tenant living there now that has been here for approximately 4 years, with NO lease, it's month to month. They have been good tenants and pay the rent reasonably on time, but unfortunately my daughter and grandchildren need a safe place to live. Can I legally ask the tenant to move and how much notice would I be required to give?

Answer

The New Jersey Anti-Eviction Act generally protects a tenant against most evictions not caused by the tenant's actions. There is an exception for dwellings of three or fewer units where the owner intends to /personally occupy/ the premises. However, there is no case law that I could find in a short search that would extend the exemption to members of the owners family especially if there is an intention to charge rent. So, your ability to evict the tenant may be limited or non-existent if the tenant wants to sign a lease. (You can require that but it will do you no good in these circumstances.) It may be better to see if you can negotiate for the tenant to move. If that does not work, you may wish to contact a lawyer who can look into the matter further.

I handle matters of this type, however the efficiencies in this matter may be influenced by your lawyer's location. (You did not give enough information for me to tell if our Burlington County NJ office can help.) If I can be of further help to you, call or email.

See also: http://info.corbettlaw.net/lawguru.htm

Answer

The answer to this question depends on whether or not you occupy a unit within the building. If the property is owner occupied and three units or less, the Anti-Eviction Act (AEA) does not apply. In that situation you can evict for any reason or no reason upon notice and following court process.

If it is not an owner-occupied building, it is difficult to evict the tenant. You need to be able to show one of the 17 reasons under the AEA to evict and you need to follow the procedures outlined in the act, strictly.

I would agree with Mr. Corbette, that it would be difficult to evict in the situation where you are not resident in the building. On the other hand is somewhat simpler if the building is owner-occupied. I would suggest a consultation with counsel in order to figure out what actions are appropriate.