How do I kick out my 20 year old out of the house?

UPDATED: Oct 1, 2022

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How do I kick out my 20 year old out of the house?

He does contribute money to help out but now no longer want to help out financially. He does not work and comes home high form marijuana, plus his vehicle smells like marijuana. I asked him nicely to move out after he was verbally abusive to my wife and I and threatened our home. He stated that I should be prepared because he was going to

Asked on May 31, 2019 under Real Estate Law, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You should hire a landlord-tenant attorney to help you. There are three reasons:
1) First and most important, it is not clear what kind of legal action you file--but you definitely have to file some legal actions. (There are no "self help" lockouts: you always have to go through the legal system.) The reason is, if he were not a tenant, you file an action traditionally called an action "for ejectment"--think of it as eviction for non-tenants. There is no written lease and no formal "rent" payments, so on the face of it, he's a nontenant, but you write that he contributes money: that contribution might--depending on its regularity, amount, etc.--be considered as rent, and if it is considered rent, then he is a tenant. If he is a tenant, then you file the kind of eviction action you do for nontenants, not an ejectment action. The lawyer can analyze the situation in detail and determine the appropriate legal action.
2) Both eviction for tenants and ejectment for non-tenants are procedurally complicated, and a small mistake makes you start over. The lawyer will be able to manage the procedural aspects better than you.
3) The lawyer will provide a neutral "buffer" between you and your son.

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 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.

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