How to get an adult son to move out of your house?

UPDATED: Oct 19, 2011

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How to get an adult son to move out of your house?

My mama has a moocher for a son and let him stay at her house. He has no job and she wants him out; it’s been 2 years and he’s 40 years old.

Asked on October 19, 2011 under Real Estate Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your mother has a son still residing with her at age forty (40) and she wants him to move out of the premises, she needs to first have him served with a notice of eviction (typically a thirty day notice to leave). If he fails to vacate the premises after a period of thirty (30) days, your mother's recourse is to file an unlawful detainer action aginst him in the county court, have him served with the summons and complaint, and then have a hearing before the judge.

Most likely the court will then order him evicted by a certain date. If your brother refuses to voluntarily leave after the court order is issued, then your mother can have the sheriff physically remove him.

She should consult with a landlord tenant attorney about this siutation.

Good luck.

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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