How to Evict a Roommate Not on the Lease in New Jersey

If you're sharing your rental home in New Jersey with someone who's not officially named on your lease, removing them can feel overwhelming. Whether due to unpaid rent, disagreements, or other issues, it's important to understand your rights and the correct legal steps for evicting a roommate who is not on the lease in New Jersey. This article breaks down the process using clear language, official sources, and practical advice to help you navigate your situation confidently.

Understanding the Roommate Relationship in New Jersey

In New Jersey, if your roommate is not on the lease, they're typically considered a "licensee" or "occupant" rather than a "tenant" in the eyes of the law. This means you, as the primary tenant, may be responsible for the eviction process—not your landlord. However, you'll still need to follow official procedures to lawfully remove them from your home.

Can I Just Change the Locks?

No. In New Jersey, it is illegal to physically remove a roommate or change the locks without a court order. This is called a "self-help eviction" and can subject you to legal penalties. The proper way is to follow the steps required by New Jersey state law.

Legal Steps for Evicting a Roommate Not on the Lease

Before starting the process, consider talking with your roommate and offering options for them to leave voluntarily. If this isn't possible, here's what you should do:

• Give Written Notice to Quit: As the primary leaseholder, you must provide a written "Notice to Quit" to your roommate. This is a formal document stating when and why you want them to leave. The notice period is usually 30 days for informal tenants or licensees, but shorter periods may apply if there's nonpayment or other serious breaches.
• If They Don't Leave—File a Complaint: If your roommate ignores the notice, you must file a formal eviction action with the local court. In New Jersey, this is handled by the Landlord/Tenant section of the Special Civil Part of the New Jersey Superior Court.

Relevant Official Forms

• Notice to Quit (No Official State Form): This letter notifies your roommate to leave. There's no official New Jersey template, but your written notice must clearly state:
  • The date the notice is being given
  • The address of the property
  • The date by which your roommate must vacate (usually 30 days from receipt)
  • That they are not on the lease and must leave
  • Reason for the eviction (optional but helpful)

  A sample can be found in the state's Notice to Quit guidance.

• Landlord/Tenant Complaint (Form LT-1):
  • When to use it: If your roommate refuses to leave after being served with a Notice to Quit.
  • How to use it: Complete LT-1: Landlord/Tenant Complaint and file it with the Special Civil Part, paying the filing fee (which you may be able to recover from your roommate if successful).
• Certification of Service (Special Civil Part): You must document that your roommate was served the Notice to Quit and the Complaint. See the Certification of Service form for details.

Summary: The Court Process

• Serve a Notice to Quit to your roommate
• If they do not vacate, file an LT-1 Complaint with your local Special Civil Part
• Attend your scheduled court hearing (bring all documentation)
• If the court grants an eviction, law enforcement will handle the removal—not you

Your Rights and Responsibilities

Tenancy law in New Jersey offers protections for everyone living in a rental. The main law covering residential tenancies is the New Jersey Statutes Annotated Title 46 – Landlord and Tenant^[1]. These rules apply even to informal situations like shared housing arrangements.

• You must not attempt "self-help eviction"—no lock changes or physical removals without a court order
• Follow all notice and filing procedures strictly
• If you have questions, the New Jersey Courts and the Department of Community Affairs' Landlord-Tenant Information Service are reliable resources

FAQ: Evicting a Roommate Not on the Lease in NJ

1. Can I legally evict a roommate who isn’t on my lease in New Jersey?
   Yes, but you must serve them a written Notice to Quit and use the court process by filing a Landlord/Tenant complaint with the Special Civil Part if they don’t leave willingly.
2. Is there an official New Jersey "Notice to Quit" form for evicting roommates?
   No official state form exists for this situation, but you can use a written letter that meets legal requirements. See examples via the Notice to Quit guidance.
3. How long does my roommate have to leave after getting a notice?
   Usually, 30 days, but the timeframe may vary based on the reason. Nonpayment or other serious breaches may allow for shorter notice; check current state rules.
4. What if my roommate refuses to leave after the court hearing?
   If the court orders your roommate's removal, only law enforcement may carry out the eviction. Never attempt physical removal on your own.
5. Does my landlord need to be involved?
   Not usually, unless local rules require landlord permission for subletting or adding/removing occupants. Always check your lease and state guidelines.

Key Takeaways

• Evicting a roommate not on your lease requires written notice and the court process in New Jersey
• Never change the locks or attempt removal without a court order
• Use official resources and forms for every step to protect your rights

Need Help? Resources for Renters

• New Jersey Special Civil Part – Landlord/Tenant (handles eviction cases)
• New Jersey Landlord-Tenant Information Service
• Legal Services of New Jersey – Roommate Guides
• For legal questions, consult the NJ Courts Landlord/Tenant Self-Help Center

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1. New Jersey Statutes Annotated Title 46 – Landlord and Tenant
2. New Jersey Special Civil Part – Landlord/Tenant
3. Department of Community Affairs – Landlord/Tenant Information Service

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