How do you legally evict an adult child from your home?

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How do you legally evict an adult child from your home?

He had moved out a few years ago for a few years but has moved back in. He pays no rent. He drinks and is verbally and emotionally abusive. He has been physically abusive with visiting family members.

Asked on August 16, 2011 Washington

Answers:

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

Answered 10 years ago | Contributor

First of all, if there is abuse going on, contact the police. They can remove him immediately. You can then go about obtaining a restraing order against him.

If that is not how you want to go about your child's removal, then you can evict him from your home. Even though he pays no form of rent and is not a tenant, most states will treat him as a "licensee" in this situation (basically a long-term guest). Like a tenant, you will have to give him legal notice to vacate. If he remains after the time specified for him to leave you will need to go to court and file an "unlawful detainer" (i.e. eviction lawsuit). Once the court enters an order to vacate, if he still fails to leave the sheriff can remove him, using physical force if necessary.

At this point you need to speak with an attorney that handles landlord-tenant matters. They can help you comply with all legal procedures involved.

Again, if you or any other occupant of the house feel threatened, contact the police.


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