Can You Legally Evict Adult Children From Your Home?

16 Answers

Yo Kass Profile
Yo Kass answered

Finding yourself in a situation where you feel you have no choice but to legally evict your adult children from your home is usually reached through a prolonged and often emotionally difficult path. However, once you have reached this decision, the best approach is to try and detach all emotion from the situation, as the question at hand has now become a legal one.

As with any legal matter, the law will vary dependent on your location, so a good first step would be to do some research into where the law in your State/Country stands.

For children aged between 16-18, it may be possible to serve eviction, but you will have to look into the question of what age parental responsibility ends? In the UK parental responsibility ends at the age of 18, but can be reduced to 16 in specific cases (such as if your child gets married, or if determined by court order).

For children that are 18+, things get simpler, but are by no means simple...
In most cases, the law will view your child in the same light as someone who is renting a room in your property, and endow them with all the same rights, regardless of whether any money has exchanged hands at all.
Again, it is best to do research on the laws regarding the eviction process in your local area, most of this information can be obtained fairly easily online or by contacting your local magistrates office. In the majority of cases there will be a recognized procedure for eviction that will initially involve filing paperwork at your local courthouse that will lead to your child being served an official eviction notice.   

Once an eviction notice has been served, your child will have the right to a hearing to plead their defense. If there is no legal reason preventing their eviction, then the process will continue and once a motion to evict has been issued (which may involve further paperwork on your part) your child will be given a notice period of generally between 30 and 90 days to vacate the property.   

As you can see, the process can be drawn out and will often involve considerable emotional turmoil and difficulty, so if an amicable solution can be reached, then it is always best to pursue that avenue. However, you have the right to a peaceful home life and it is completely correct to stand your ground once every other possible mediation has been exhausted.
One last piece of advice is that it's always good to put as much communication between you and your child down in writing as this helps establish a more tenant/landlord relationship that is more easily defined in court.

Dot Dupuy Profile
Dot Dupuy answered
If it is your property or you are paying the rent and in your name, yes, you can and if they are not helping you then this  would be called "tough love" and it can be painful for all involved but necessary.  Been there, done that and it hurts like Hell.
Alexis Profile
Alexis answered
Depends on why you want them out.
Threatening, such as if the behavior doesnt change...your going to have to go.
Push them into adulthood, make them do their own stuff...
Eventually they will get the point.
And if those don't work you can always sit them down and just say we are having problems and you have...so much time.... To get out.
Joan Profile
Joan answered
You did not say, but I am assuming that your son is also an adult. Call the police and ask them if there is anything you must do legally before you tell your son to leave your home. If you are truly fearful, ask the police to come to your home when you tell him he needs to leave. If he is an adult, you are within your rights to ask him to leave if you fear him.
Bruce O Profile
Bruce O answered
Call the cops. Your going to have to push it. Adult or minor he shouldn't be a fear to you. Wish I knew where you lived cause I'd put him in his place. That's what he needs, a good old fashioned behind the barn ass whoopin'. Worked for my boys.
dnh 107 Profile
dnh 107 answered
If "adult child" is not on lease: Simply put your foot down and tell this person they must go - that it will be better for them in the long run. If "adult child" has history of violence or demonstrates a likelihood to respond adversely to this confrontation, use community resources to aid you.

If "adult child" is on lease: Research your state's landlord/tenant laws and discuss situation with landlord/leasing agent along with this "adult child".

P.s. - this "adult child" is not named "J-Bob" is it?
Arthur Wright Profile
Arthur Wright answered
It will cost if you get the courts involved here so if there is any possible way around it get them out on your own like just throw them out  or start charging rent
Luis Mier Profile
Luis Mier answered

You cannot force your children to leave your home. But you can just ask them to leave. However, as a parent you should allow your children to stay with you all and have a united fanily.

John McCann Profile
John McCann answered

Evict?

If an adult is living on/in your property without legal recourse, a lease/rental agreement, all one has to do in most US states (excepting Alaska in the winter, California all times ) is call the police and have said person escorted from your property or be charged with tresspassing. 

Anonymous Profile
Anonymous answered

Two children raised by the same loving parents. One sweet as the day is long. Giving, obedient, faithful etc. The other child is selfish to the core and has been from the beginning. So to you who say it is the parents fault, I say it is the child's choice to choose once they have been taught correct principles. We cannot force them, only teach them by word and example. They come to this earth with spiritual and physical DNA from both their earthly and Heavenly parents. And while I can beat myself up for the chioces that one makes and praise the choices of the other, they are who they choose to be by the choices they make. We have taught them well. Hitler was a monster and I for one do not blame his parents.

Anonymous Profile
Anonymous answered

It is not the parents fault. I, too raised 2 children and they are like day and night. I am also having the same problem with my son and have tried everything to get him out. But to no avail. Depending on where you live, the authorities can't help you and when they can it takes months. 

When there is no money to do anything, then where do you turn? So if you have never been in this situation don't criticize the writer.

Johnnie Paris Profile
Johnnie Paris answered

I am a reater and I pay all the bills in my home.. I have a stepdaughter that her 15 year old son stays with me because the mother in ? Said she will get her son when her income tax come in and move... After her mother died I let her come in to stay the night with her son being nice because my wife died ,the girl hasn't moved out yet. I asked her to get out many of time but she refuse to leave. I called the police on her to remove her from my home and they told me the she established residency in the home so she don't have to leave I want her out, how do I go about getting her out of my home?

beverly2 Profile
beverly2 answered
You can ask him to leave or use force with calling police or an eviction notice or a restraining order. That way he has to leave and wouldnt be allowed to come back if this is what you want or he can come back with supervision only
nettie Profile
nettie answered
If he is violent they have places for these people, and you being the parent you may have to sign him in to a program that will help him and they will let you know if there is anything they can do he may have to live his life out there, by the way you did not mention the age of your son, but you can have him committed......the best to you Is he a drug abuser, alcoholic, do you have any idea why he is the way he is or does he have a mental problem......the best to you
Gene gattuso Profile
Gene gattuso answered
You can not evict a child but you can  help yourself by going to the library and getting several parenting books. Your not going to like what l am going to tell you but not your child is the problem. You need to learn how to be a parent because you do not know how to be one.
thanked the writer.
Anonymous
Anonymous commented
i knoe how to
parent as I have been a parent for 34 yrs thank u very much and my ither two kids do.not do what he does n in fact live on their own. ages 19 and 34.
...and u do not walk in my shoes or live in my house! shut up!
Gene gattuso Profile
Gene gattuso answered
I do not know if that could be done, Suggest you get legal advice on that question. You could tell your children that you want them to move out or they are going to be moved out ( give them enough time to get another place but select how long it shold take not them) Then on that day or the day before the appointed day start packing all there belongings. Then change all the door locks, put the suff outside neatly and do not let them in. You told them what is going to happen, gave them ample time and moved them out on the date set by you. I thank God that l never had that king of trouble. You parents know that this is really your fault by being bad parents when all you had to do is get a parenting book, read it and do it. You created the monster that is living with you.
thanked the writer.
View all 6 Comments
Mike Shelley
Mike Shelley commented
Some of you evidently do not have kids, saying all we have to do is to read a parenting book. I did not create the monster, he just happened to befriend someone like you.
kay miller
kay miller commented
They didnt create a monster. I raised my son with love and hes abusive its the spoiled, drugs, and alcohol. Bye Get out
Robin Banks
Robin Banks commented
MY HOUSE nor MY PRESENCE. She apologized to me. I was shocked, but I accepted the apology and QUICKLY informed her that her MOTHER was owed one as well. She gave one of those control freak apologies..."I'm sorry BUT....it's YOUR FAULT for ticking me off..." That is NOT a sincere apology...it doesn't take responsibility for one's OWN ACTIONS! Anyway, check with the local authorities and make certain of the process you have to follow in order to evict and put them out before you lose your mind, yo

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