Evicted with No Lease in NJ: Will it Damage My Credit?

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If you’re a renter in New Jersey, you may have signed a long and detailed lease with your landlord. Rental leases are used to set out specific terms that must be adhered to by the tenant(s) as well as the landlord (property owner). Signing a lease can give renters the security of a guaranteed place to live for a specified length of time. A lease also stipulates the amount of monthly rent to be paid to the property owner throughout the duration of the contract.

Can I move in with my friend without signing his lease?

Oftentimes, a rental lease specifies whether or not the tenant may take on a roommate during their stay in the rental property. Some leases require that any new roommates sign their name to the lease; however it is more commonly found that tenants can obtain a roommate without having them sign anything.

If you are a roommate who has been living in a rental without having signed any lease paperwork, you may have questions about your rights. Since the original tenant signed the lease, he or she has a clear understanding of their renter’s rights. Although you don’t have the benefit of a written lease, since you are renting in New Jersey, you have what is known as a verbal lease.

Non-leased renters in NJ who are staying in a rental unit with the permission of the property owner are granted an automatic 30-day verbal lease. The oral agreement you and the original tenant formulate with your landlord constitute the contents of your verbal lease. Naturally, verbal leases are much more difficult to uphold, and tend to be quite problematic.

It is recommended that you get some kind of written agreement from your landlord so that you don’t end up in court over what may very well be an inconsequential issue. Landlord/tenant disputes can turn into bitter court battles, and without anything in writing, you’ll have a much harder time defending yourself and your position as a non-leased renter.

Can a landlord evict a tenant who doesn’t have a written lease?

Property owners can definitely evict tenants without a written lease in place, but the process is a lot messier for all parties involved. Whether you moved in with a leased renter or if you were simply granted verbal permission to stay in a property with no lease, you are not safe from eviction.

There are a myriad of reasons that justify evicting a renter of any kind, including:

  • Violation of health, safety or conduct laws
  • Damaged property
  • Missed or habitually late rent payment(s)
  • Illegal activity (drug use, assault) in the rental property
  • Theft or destruction of landlord’s property
  • Disturbing the peace
  • Decision of property owner to stop renting

Even if you did not sign a written lease, you can be evicted for any of the above reasons.

Will an eviction damage my credit score?

Generally, being evicted in New Jersey will not be indicated on your credit report. However, unpaid rent or lawsuits that were filed against you by the landlord may show up on your credit history. Additionally, the next time you apply to rent an apartment in NJ or elsewhere, your new landlord or property manager is likely to perform a background screening, during which they may discover that you’ve been evicted before.

Image credit: Angela Rutherford

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