I have a violent 22 year old son who is stressing me out, can he be removed at once?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

I have a violent 22 year old son who is stressing me out, can he be removed at once?

Are there any papers I can fill out to have him removed from my home at once?

Asked on April 13, 2012 under Real Estate Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Is your son renting or leasing from you (including without a written lease--i.e. is he paying rent)? If he is, he is a tenant, and could only be evicted as a tenant. That means he could only be evicted for nonpayment of rent, for violating his lease, for attacking or stealing from you, at the expiration of his lease, or if there is no written lease, on 30 days notice terminating his tenancy. And furthermore, you to go through the courts, with an eviction action, if he will not leave voluntarily. Since eviction actions are legal proceedings, you'd be best served by having a lawyer's assistance.

However, if he is not a tenant (not leasing from you) and also has no ownership interest in your home, he is simply a guest. A guest may only remain so long as the property owner or lawful tenant allows him to stay, and that permission may be withdrawn or revoked at any time. If he is staying there as you guest, you should be able to tell him to leave; if he doesn't, he becomes a trespasser and the police should make him leave.

Be aware, though, that even though the police should make a trespasser leave, if the trespasser has been living there for some time, and especially if he is a family member, they sometimes refuse to get involved. In those cases, they want the courts to determine whether he has to leave or instead has some right to stay.  In that instance, you'd need to file an action for ejectment. If it comes to that, you should get an attorney to help you.


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