How to get adult child out of the house

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How to get adult child out of the house

Adult child will not leave the home. Pays no rent, does not want to contribute in any way

Asked on November 12, 2016 under Real Estate Law, California


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

Answered 6 years ago | Contributor

Technically, if an child is not paying rent, they are a guest, not a tenant. Under the law, a guest may only remain so long as the property owner allows them to. Further that permission may be withdrawn at any time, for any reason. If it is withdrawn and the guest does not leave, they become a trespasser and the police should help remove them. So in theory, there is no need for an eviction action.
However, the police sometimes refuse get involved in these situations, feeling that if someone has been living there for a period of time or claims some right to live there, that the courts should determine whether they need to leave. If that event the parents would need to bring an action for "ejectment" (which is basically an eviction for non-tenants) in order to remove them.
It should be noted that if the child is supposed to pay rent, which can include paying utilities or otherhousehold bills, then even if they have not in fact paid these amounts, they may still be considered to be a tenant. In other words, the obligation to pay, even if not honored, creates a tenancy. In this case, they would need to be evicted and could be on the grounds of nonpayment of rent. Alternately, if they are a tenant without a written lease, then they are a month-to-month tenant, so the parents may give a 30 days notice terminating the adult child's tenancy, and then evict them if they do not go.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption