How do I evict my adult child from my apartment?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How do I evict my adult child from my apartment?

He is 24 years old, working, and not on my lease. He does not contribute to the household, refuses to abide by the verbal agreement of him living with me, is constantly disrespectfully, and at time brings illegal drugs into my home. I want to know how to I evict him from my residence before the landlord, who has complained about him in the past, starts an eviction process on me?

Asked on November 5, 2011 under Real Estate Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

To evict someone from their established home, the person who is entitled to possession of the premises must sue in court. Since the lease is in your name and not your son's, you are the legal occupant so you would be the one to file for an "unlawful detainer (i.e. eviction) not your landlord. In fact, since your son pays no rent he cannot claim to be a tenant (if he was the landlord would have to evict him). He is however a "licensee"; that is someone invited to enter and remain on the premises. Now that his "license" (i.e. invitation) has been revoked he will need to be formally evicted (the same as a tenant). 

At this point it is important that you comply with all legal requirements; this includes proper notice to vacate the premises. Someone who is put out of their home in an unlawful manner is entitled to recover damages for illegal eviction in a civil suit (using illegal methods to force someone can also be a criminal violation).  Therefore self-help measures such as removing his personal belongings or changing the locks, cannot be used. Right now, you should consult with a landlord-tenant attorney for further information.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption