Legal Rights to Evict Grown Children From the Home
By Editorial Team
Updated October 08, 2019
Homeowners have the ultimate right to determine who resides in their home. If your adult child is refusing to fly the family nest, then it may be possible to evict them. Evicting a grown child can be a lengthy legal process that requires obtaining a court order. If your eviction petition is granted, you can use it to forcibly remove the child from the home.
Evicting Adult Children Who Live With You
An adult child who occupies the same home as the parent is typically subject to eviction at any time. If the adult child is able to show, however, that his income has contributed to the upkeep of the home or the paying of the mortgage, if applicable, and the adult child has legally established residency for a period of time as mandated by state law, the court may recognize the adult child's right to proper notice to vacate. The time allowed varies based on the state.
Review the Rental Agreement
In cases where an adult child has entered into a formal lease with the parent to rent a house, apartment or room, the child retains the same rights and responsibilities as any other tenant who leases property from a landlord.
In this instance, the child may only be evicted prior to the end of the lease if he has refused to pay rent in full without sufficient cause, breached the terms of the lease by allowing unauthorized individuals or pets to reside in the home or has intentionally caused damage to or failed to adequately maintain the property in accordance with the agreed-upon terms of the lease.
Instances of Domestic Violence
In cases where domestic violence or the reasonable threat of domestic violence has occurred, an adult child may be ordered to vacate the home without a formal eviction. Removal of an adult child from the home on the grounds of domestic violence is typically done by obtaining an order to vacate or a restraining order, both which are issued by the general court of jurisdiction based on the residency of the parties and location of the home.
Filing for Eviction
To evict an adult child, you must go through the state's legal eviction procedure. Assuming you have a valid reason for the eviction, the first step is serving an eviction notice and giving the child the statutory period of time to vacate, such as 10 days from service of the notice. If an adult child refuses to leave after receiving this notice, you'll need to visit your local courthouse and file an eviction complaint. The clerk will schedule a hearing and notify your child via a summons.
Removal from the Home
If all goes well in court, then your child will be given a fixed amount of time to leave the home. This ranges from 48 hours to about a week, depending on where you live. If your child doesn't leave on time, the sheriff's office or local police may assist you in removing the child from the home. Once proof of the court order is established, law enforcement may physically remove the child from the home and assist in removing the child's belongings from the home if necessary.
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