Here is the story: July 1, 2006 I moved into an apartment in Lodi, NJ with a friend. We both signed the lease for a year. He had a dog which was expressly forbidden in the lease, but the previous tenant told us we could get away with it. We received 1 phone call asking us to remove the dog in the first month of living there, but then nothing for 6 months. Then we received a letter stating that if the dog was not gone in 30 days we would be taken to court. I made him get rid of the dog (which he kept past the 30 days), and since that day he has wanted to move out. He told that to me, the landlord, our neighbors, and my gf, and was actively looking for a new place.
We talked about the possibilities, and I told him I did not want to live with him anymore. He still wanted to move out, and was even on a waiting list for an apartment that allowed pets. I decided to move in with my girlfriend who's lease expired in May. I spoke with my roomate and he agreed to let her stay with us til the lease expired and then he would move out. So she moved in, and we shared a room for the month of June. My gf and I signed the new lease, and for the entire month of June he did absolutely nothing. The date of July 1 came and past without him saying anything about moving out or even asking about the lease. On July 3rd I told him in writing that I was on the lease and would LET him stay for another month as long as he was making an effort to find a new apartment (unlike what he did in June). I also stated that he had to be neater and not leave a huge mess for me to clean up like he had for the past year otherwise I wouldn't be so nice in letting him stay. I accepted a rent check from him for that month, and told him my gf would pay him the difference when he moved out, and that I would give him his half of the security deposit and even help with realtor fees for his new place too if he needed it. He told me he didn't need my help.
Then a week later I suggest he move into a single in our apartment complex since he does not have a roomate willing to move in with him. He flips out at me saying I am trying to kick him out. He tells the landlord that I signed the new lease behind his back and he doesn't want to move out, and at this point he stops speaking to me altogether.
Since the security deposit is listed in only my name, I said my gf would give him a check for his half once he moved out. At the start of the August my gf gives me her share of the security deposit which I use as his half of the rent (so I paid in full from my bank account), and I tell him in writing I am going to use his security deposit as rent for August, and again would pay the difference once he moved out. Half the month goes by and all I hear are rumors from my neighbors and my gf that he is looking for places, and that he got rejected from 1 place. I didn't say anything at the end of July since he was making the effort, but by August 15 I got tired of it, because I didn't even know if he was seriously looking or not, or if his application being rejected was a lie or not. I gave him a letter that said he had 30 days to move out (Sept 15), which is when all the money in his half of the security deposit would run out, with a list of everything he owned, and a storage location he could put his stuff in while he moves back to his parents (a few towns away). He told me to go F--- myself.
I went to the police and they said that since he "established his residency" over the past year and since his belongings are in the place, they cannot kick him out. I called the landlord and she is not willing to get involved because legally there can be up to 4 adults living in the apartment, I do not have a written agreement that he would leave, and she never specifically asked him if he was moving out. From my online research, I am pretty sure that if I lock him out and put his stuff into storage and change the locks that I myself could be sued.
So now I have 2 problems:
1) What can I do to evict him from MY apartment? Since he is not on the lease and has not paid rent, can I change the locks and remove all his belongings without being sued?
2) He told me that he found a place to move into September 10, but it is not definite, and I do not even believe him. He said he wants his half of the security deposit, and $600 realtor fee which I offered to pay even though he originally turned it down. I never put that in writing. Can he hold me to that? And even if I have spent his security deposit on rent, can he still claim that I owe him the full half? I can prove he did not pay rent for August.
We talked about the possibilities, and I told him I did not want to live with him anymore. He still wanted to move out, and was even on a waiting list for an apartment that allowed pets. I decided to move in with my girlfriend who's lease expired in May. I spoke with my roomate and he agreed to let her stay with us til the lease expired and then he would move out. So she moved in, and we shared a room for the month of June. My gf and I signed the new lease, and for the entire month of June he did absolutely nothing. The date of July 1 came and past without him saying anything about moving out or even asking about the lease. On July 3rd I told him in writing that I was on the lease and would LET him stay for another month as long as he was making an effort to find a new apartment (unlike what he did in June). I also stated that he had to be neater and not leave a huge mess for me to clean up like he had for the past year otherwise I wouldn't be so nice in letting him stay. I accepted a rent check from him for that month, and told him my gf would pay him the difference when he moved out, and that I would give him his half of the security deposit and even help with realtor fees for his new place too if he needed it. He told me he didn't need my help.
Then a week later I suggest he move into a single in our apartment complex since he does not have a roomate willing to move in with him. He flips out at me saying I am trying to kick him out. He tells the landlord that I signed the new lease behind his back and he doesn't want to move out, and at this point he stops speaking to me altogether.
Since the security deposit is listed in only my name, I said my gf would give him a check for his half once he moved out. At the start of the August my gf gives me her share of the security deposit which I use as his half of the rent (so I paid in full from my bank account), and I tell him in writing I am going to use his security deposit as rent for August, and again would pay the difference once he moved out. Half the month goes by and all I hear are rumors from my neighbors and my gf that he is looking for places, and that he got rejected from 1 place. I didn't say anything at the end of July since he was making the effort, but by August 15 I got tired of it, because I didn't even know if he was seriously looking or not, or if his application being rejected was a lie or not. I gave him a letter that said he had 30 days to move out (Sept 15), which is when all the money in his half of the security deposit would run out, with a list of everything he owned, and a storage location he could put his stuff in while he moves back to his parents (a few towns away). He told me to go F--- myself.
I went to the police and they said that since he "established his residency" over the past year and since his belongings are in the place, they cannot kick him out. I called the landlord and she is not willing to get involved because legally there can be up to 4 adults living in the apartment, I do not have a written agreement that he would leave, and she never specifically asked him if he was moving out. From my online research, I am pretty sure that if I lock him out and put his stuff into storage and change the locks that I myself could be sued.
So now I have 2 problems:
1) What can I do to evict him from MY apartment? Since he is not on the lease and has not paid rent, can I change the locks and remove all his belongings without being sued?
2) He told me that he found a place to move into September 10, but it is not definite, and I do not even believe him. He said he wants his half of the security deposit, and $600 realtor fee which I offered to pay even though he originally turned it down. I never put that in writing. Can he hold me to that? And even if I have spent his security deposit on rent, can he still claim that I owe him the full half? I can prove he did not pay rent for August.
