An “occupant/roommate” is a person who rents from a tenant with whom they live, rather than the landlord, and is therefore not covered under the Residential Tenancy Act. This type of living situation is common in shared houses where a “head-tenant” rents out bedrooms to roommates.
Yes, a Flatmate Agreement is a legally binding document. If a flatmate refuses to comply with their obligations as noted within the document, the other flatmates involved in the agreement can take them to court. If your flatmate stops paying their portion of the rent, this document can reinforce your claims in court.
A tenancy agreement may end when someone goes against one of its material terms Residential Tenancy Act: Section 45.3. If a landlord or tenant breaches a material term and the other party wants to end the tenancy, they must send a written warning to the party who breached the term.
Any roommate who is named as a tenant in the tenancy agreement is presumptively a tenant with rights and obligations under the Act; whether any roommate is a tenant or not is ultimately a legal determination that can only be made by a Residential Tenancy Branch arbitrator who will weigh the factors in favour and ...
You will want to give your roommate a notice to vacate. If they do not vacate in the notice period, you will then file for an eviction at your local small claims court. You will fill out and file the eviction complaint/petition. You will then have it served on your roommate.
A 40-day written notice of lease termination is required in each instance. The tenant must vacate and return possession of the property to the landlord at least five working days prior to the 40th day following the landlord's receipt of the notice to terminate.
Yes, a landlord can evict a tenant in New Jersey even without a written lease. If the tenant pays rent and occupies the property, it creates a month-to-month tenancy. The landlord must still provide proper notice and have a valid reason for eviction, such as nonpayment or property damage.
New Jersey Eviction Process Timeline Notice Received by TenantsAverage Timeline Issuing and Serving of Summons and Complaint A few days to a few weeks Court Hearing and Judgment for Possession 10 days to 1 month Issuance of Warrant for Removal 3 days Return of Rental Unit 3 days to 6 months1 more row •