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Am I entitled to castle doctrine

Discussion in 'Roomate & Joint Leases' started by Guerilla Esparza, Mar 2, 2021.

  1. Guerilla Esparza

    Guerilla Esparza Law Topic Starter New Member

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    Jurisdiction:
    New Jersey
    So nothing happened yet but I just wanted to make sure I know what the laws are just in case.

    So I have been renting from this guy since December 2nd. The agency that got me the room is NYC rooms for rent. I pay him 200 in cash every Thursday and we haven't had any problems with the money. He has branged about throwing his tenants property out without an eviction notice and how the police don't do anything. I haven't thought much of it but we have been having issues and I think it might be coming to a head.

    So if he tries to throw my property out can I use the castle doctrine as a verbal sub tenant to prevent him from entering my room?
     
  2. Tax Counsel

    Tax Counsel Well-Known Member

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    And do what, exactly? If you are asking if you can shoot him over that, the answer is no. Call the police if the landlord tries to toss out your stuff without an eviction order.
     
  3. Guerilla Esparza

    Guerilla Esparza Law Topic Starter New Member

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    Not shoot grapple push shove. The police most likely will take his side I have had an issue before that is why I'm asking this question.
     
  4. Tax Counsel

    Tax Counsel Well-Known Member

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    Then you have a problem. You are renter and the person you are concerned with tossing your stuff is your landlord. NJ law only allows use of non lethal force to protect your dwelling against a person you reasonably believe to be a criminal trespasser. And you need to give a proper warning first. If the police won't arrest him as a trespasser when you call them then your situation may simply be a civil dispute, and you cannot use physical force against him in a civil dispute. So be careful. If you punch the guy over this you might find you're the one in legal trouble, facing battery charges and/or a lawsuit for damages for any injuries done to the guy. You'd want to be very sure he's a criminal trespasser, especially if you have history with the police.

    If you don't trust the landlord, move out and find a place where you don't have that worry.
     
  5. adjusterjack

    adjusterjack Super Moderator

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    Nevertheless, I hope you are getting receipts or have some way of documenting the payments.

    Make a dated photo inventory of your personal belongings.

    Considering what happened to you at the shelter, I suggest you do what you can to avoid "having issues."

    How much would be a reasonable damage
     
    Red Kayak likes this.

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