Friend Staying on Property Refuses to Leave (NJ)

[Nicole Matthias]

I live in New Jersey so I need a little help understanding my rights and responsibilities here..Against my better judgement, I let a friend of a friend stay for me for about 4 months while he was getting back on his feet. He was sleeping in my basement where he stored his clothes and had his pets. Throughout the 4 months he gave me about $400. A little over a month ago, I had a fire on the property and the gas has been shut off although there is electric. There is no heat or hot water. I know that a tenant could technically leave for constructive eviction; however, this person will not go. I gave him a date to leave by and he told me no problem. Of course, he dragged it out because his friends kept telling him they were going to let him use the truck but they never showed up. I finally said if you don't have the money, I will hire movers to help you put your things in storage so you can leave by the date we agreed on.

The movers show up and nothing was packed. They made several trips to the storage facility where he was taking his things. He loaded the truck directed the move. He dragged the process out so long the storage facility ended up closing and some of his larger items were left outside of the property. Not on the curb, but in the yard. He still has his 2 dogs and clothing and other personal belongings stored in my basement.

The weather is getting colder and my patience has worn exceedingly thing. I have a couple of questions, since this is someone that I know and we had a loose oral agreement with no set terms is he considered a tenant or a lodger. He was only provided with keys to the front door and had no keys for the basement where he was staying. I need to file some sort of paperwork to begin the eviction process to reclaim possession of the unit.

How much time do I need to give him to come gather the rest of his things considering that he already initiated a move? Also consider that it is getting cold here in the Northeast and I am currently living on the property and have no hot water and will need to turn on the heat by October 1st which is NJ law.

I'd appreciate any help or direction here. This was a lesson learned.