Someone in living in my property in Clifton NJ through a USE & OCCUPANCY AGREEMENT. HOW CAN I LEGALLY GET THEM OUT WITHOUT AN ATTORNEY?

Asked by Pat, Vero Beach, FL Fri Jun 14, 2013

This user has breached the agreement on multiple points (Haven't made any type of payment to me in 6 mos, ie. payment for use, payment towards HOA fees, late fees, etc...
The U&O states that they have no legal rights as a tenant; that the Agreement can be terminated with 30 days notice; which I just gave them. And also, that breach of any point of the Agreement would invalid ate it. If they don't leave by that date, how can I get them out legally without an attorney? Unfortunately, because of this situation I can no longer afford one.

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4
Pat, Home Seller, Vero Beach, FL
Sat Jun 15, 2013
THANK YOU ALL FOR THE REPLIES. I Waited on the advice of my attorney (Who now I think screwed me) He was hoping that a short sale was going to go through and that he was going to get paid on the deal I guess. (I assume now that he was only looking out for his best intrested and not mine!) Well, to make a long story Short! The person who is in my unit can't come up with the money now and my attonrey has told me to GO FILE BANKRUPTCY and will no longer help me out with this mess, because my funds have drived up from pay off the debts associated with this transaction.
0 votes
Andrew Tisel…, Agent, Clifton, NJ
Sat Jun 15, 2013
You can go down to landlord tenant court in Paterson. they may direct you right to the Sheriffs office to have them removed.
0 votes
Rosemarie Vi…, Agent, Asbury Park, NJ
Fri Jun 14, 2013
First of all Why did you wait so long to send them the letter...Does Florida have a tenant landlord Court... They are still Tenants .....If they do not vacate go to the court yourself and file eviction papers ...If they still don't leave have the sheriff do it! Hope that helps
0 votes
I waited on the advice of my attorney (Who now I think screwed me) He was hoping that a short sale was going to go through and that he was going to get paid on the deal I guess. (I assume now that he was only looking out for his best intrested and not mine!) Well, to make a long story Short! The person who is in my unit can't come up with the money now and my attonrey has told me to GO FILE BANKRUPTCY and will no longer help me out with this mess, because my funds have drived up from pay off the debts associated with this transaction.
Flag Sat Jun 15, 2013
Marc Paolella, Agent, Succasunna, NJ
Fri Jun 14, 2013
You can't get them out legally without a lawyer. An eviction is a LEGAL proceeding. The sheriff can't evict without a court order. So at this point, either get a lawyer or you are without options. You can't force them out without assistance from the state, and that will require a lawyer.
0 votes
Sorry - I realized that you are in Florida and the tenant is in NJ. If you have a relative / friend in Jersey they can do this in the local court by taking a power of attorney in this matter from you. If there is no one in NJ, unfortunately you will need a lawyer. Thanks
Flag Sun Oct 8, 2017
You can try going to the local court and see if there is some procedure by which you (without lawyer) can file a lawsuit. In a lot of jurisdictions this is permitted. The procedure might be a bit convoluted but your expenses are the filing fee etc. You might have to pay for service (or it might be done through the Sheriff office). Once the lawsuit starts the other party will have to come to court to respond - if they don't you win by default. Next you will likely need writ of eviction etc. to finally forc them to leave.
Flag Sun Oct 8, 2017
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