Apartment Lease Question- Kicking out brother.......

I am really gettting frustrated, my brother used to live with my parents and I decided to take him into my place, also I am the main person on the lease, my brother also had to sign the lease and now am having way too many problems with my brother, he has a drug problem, also is an alcoholic, plus also got his second DWI, also I buy grocerys for 2 weeks and my brother eats all the food really fast doesn't have no money to pay rent plus also very soon he is going to jail for his second DWI, when he goes to jail I told my landlord to change all the locks, I am having him evicted, even though his name is on the lease will this somehow come back at me when I kick him out when he is in jail?

Answer:
You can't kick him out while he is in jail or any other time.

What you have to do is evict him while he is in jail.
Is his name on the lease as a responsible party or just as a person who is living there? If he is a responsible party, you may have a much harder time than you think. If he is only on there as someone living there, you should not have a problem.
Going to jail would be cause enough to warrant eviction. Follow your local laws for notices and evict him ASAP!

New Jersey:
(Cause) Not paying rent
Notices required before filing eviction suit:
•No notices are required, except where the tenant resides in federally subsidized housing. In public housing, a 14-day notice is required.
Comments:
•The Homelessness Prevention Program and Emergency Assistance program may help with back rent. See Chapter 13, Special Programs for Tenants.

(Cause) Violation of public housing lease agreement provision prohibiting illegal use of drugs or other illegal activities
Notices required:
•Notice to quit—must be served on the tenant in a reasonable amount of time before filing the eviction suit.
•Note: No notice to cease is required.
Comments:
•Federal law allows housing authorities to have a lease provision prohibiting illegal use of controlled dangerous substances (drugs).
•However, the housing authority must have amended its lease.
•The lease provision must have been in effect at the beginning of the lease term.
•Eviction may also occur for violation of a public housing lease provision prohibiting “other illegal activities.”
•The lease may prohibit illegal activity on or off the premises.
•A public housing authority may evict a tenant when a member of the tenant’s household or guest engages in drug-related activity, even if the tenant did not know of the drug-related activity. Cite: Dept. of Housing and Urban Development v. Rucker, 122 S.Ct. 1230 (2002).The Secretary of Housing and Urban Development has urged public housing authorities “to be guided by compassion and common sense” in these cases, and that “(e)viction should be the last option explored, after all others have been exhausted.” The New Jersey courts have agreed with this position. The housing authority has to have a good reason for evicting innocent family members. See Oakwood Plaza Apts. v. Smith, 352 N.J. Super. 467 (App. Div. 2002). If you are a tenant in this situation, you should contact an attorney.

Check you state's notice requirements! Here's a link to the New Jersey requirements.

http://www.lsnjlaw.org/english/placeiliv.

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