[NJ] How do I correctly serve a month-to-month eviction notice to a live-in boyfriend?
Hi, I'm trying to evict a live-in boyfriend. I'm looking to serve him a 30-day eviction notice. I live in NJ and plan to serve him at his job in NY. How do I date the notice? What do I do about the jewelry he stole?
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You can calculate 30 days from Sept. 26, or simply state “30 days from receipt of this notice” (N.J.S.A. 2A:18-61.2). If he stole items, filing a police report can help and may allow you to seek a criminal restraining order to remove him sooner (N.J.S.A. 2C:20-3).
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Hi, I'm trying to evict a live-in boyfriend. I'm looking to serve him a 30-day eviction notice. I live in NJ and plan to serve him at his job in NY. How do I date the notice? What do I do about the jewelry he stole?
Lexi, Chatbot
Have you already discussed the eviction with him?
Yes, I have.
Lexi, Chatbot
Any specific reasons?
Unreconcilable differences. Other than clothes, he owns nothing in my property.
Lexi, Chatbot
Anything else before I connect you?
What dates should I use for this eviction notice, and is it best to serve him at his job?
Benjamin
Hi, I'm Ben, an attorney. You’re looking to terminate your boyfriend’s month-to-month tenancy, correct? What are your specific questions?
I'm completing the 30-day notice. Since it's the weekend, should I date it Monday, Sept 22?
Benjamin
In NY, 30-day notices use calendar days. The date you put on the notice must be the actual date of service.
Okay, so I can issue the notice as of today, Sept 20?
Benjamin
Yes. But the date on the form must be the day he is actually served.
The server won’t serve until mid-week.
Benjamin
Then the mid-week date will be the official service date and day one of the 30 days.
To avoid violating the 30-day rule, does the 30 days start from the service date?
Benjamin
Yes—30 days from the date he is served.
If service is expected Friday, Sept. 26, should I list the exact date 30 days out, or just write “30 days from receipt of this notice”? One last question—the live-in boyfriend stole jewelry from my home office.
Benjamin
You can calculate 30 days from Sept. 26, or simply state “30 days from receipt of this notice” (N.J.S.A. 2A:18-61.2). If he stole items, filing a police report can help and may allow you to seek a criminal restraining order to remove him sooner (N.J.S.A. 2C:20-3).
Police came today and allowed him inside briefly, and during that time he took jewelry.
Benjamin
Then call them back and report the theft.
Okay, thank you! Very helpful! I believe I must follow a month-to-month eviction process. Should I say the lease began September 1?
Benjamin
You would deliver the notice by Friday. Then the tenancy would terminate on November 1, because that is the next rent-due date.
Benjamin
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