What to do if my adult daughter refuses to leave my home?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my adult daughter refuses to leave my home?
She is a non-paying
Asked on June 23, 2016 under Real Estate Law, Florida
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Since your daughter is not paying rent (or I assume any form of rent such as utilities, groceries, etc.), legally she is not considered to be a formal tenant. That having been said, since she was given permission to reside on the property at some point, she will be considered a guest or "licensee". Accordingly, you will need to bring an action for "ejectment". This is like an eviction but for a non-tenant. You will still need to give formal notice to vacate and follow all legal steps for doing so. If she still refuses to leave, then you'll need to file for the action, get a court order in your favor, and then have the sheriff's officers, etc. remove her, by force if necessary. For specific details, you should consult with an attorney who practices landlord-tenant law in your area who can best advise you further. You can also google for information; most states have websites that can direct you on the process.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.