Legal Guide: Evicting an Adult Child from Your New Jersey Home

If your adult child overstays his welcome and refuses to leave your home, you can legally evict her according to the Anti-Eviction Act of the state of New Jersey. Start the procedure by sending her a certified notice of eviction and filing a complaint with the Landlord/Tenant Section of the New Jersey Superior Court for the county in which you live. Generally, New Jersey law prohibits evictions without proof of one of the offenses described in the Act. This tough law does not apply, however, to those living in buildings with fewer than four units where the building owner occupies a unit.

Step 1

Write a formal letter to your adult child saying that he will no longer be permitted to dwell in your home after a date that is at least 30 days from the date of the notice. Have another adult hand your child a copy of the letter. Mail the letter to your child at your own address, certified mail, return receipt requested.

Step 2

Obtain a form complaint for unlawful possession at the Landlord/Tenant Section of the New Jersey Superior Court, Office of the Special Civil Part. Go to the office in the county in which you live. Fill in the complaint if your child does not leave by the date specified in the notice. File the complaint with the same office. The court will stamp a hearing date and time on the complaint when you file it. Pay the fee for filing and service of the complaint.

Step 3

Appear in court on the date and time set for the hearing. Bring the adult who served the papers on your adult child as well as a copy of the certified letter and return receipt. Explain the case to the judge hearing your case. If you prove your case at the hearing, the court issues you a judgment for possession.

Step 4

Obtain an application for a warrant for possession form from the court where your judgment was entered. Fill out the form. If your adult child refuses to vacate after judgment against her, file the application and pay the applicable fee. The court issues the warrant for possession to a court officer who will serve it on the tenant.

Step 5

Obtain an eviction application from the court. Fill in and file the application if your adult child still refuses to leave. Pay the court the eviction fee and arrange with the court office to evict your child. Arrange for a locksmith to change your locks immediately after she has been evicted.

Tip

Even if your adult child paid no rent, she is likely to argue that he is a tenant, not a guest. Contributions of food or assistance around the house bolster an argument that she had tenant rights, and New Jersey law will grant her tenant status in a closely disputed case.

Warning

New Jersey eviction law requires many steps. Proceed carefully with each step. Any attempt to cut corners may force the judge to send you back to the beginning to start again.