Asking your child to leave your home is not as simple as asking a roommate to vacate your premises. If your child refuses when you ask him nicely to leave, contact a family attorney. If there is an extraordinary amount of strife and tension in your home, there may be no other option than to take legal action to evict. You can restore peace to your home with laws that have been set into place for exactly this type of situation.
Review the lease for your house or apartment if you are renting. Find out if you have the authority to evict an occupant from the premises. Only the people who own or are renting out the location can legally evict someone from the home.
Visit your family attorney. Ask your attorney to prepare a petition for eviction, as well as a notice of petition for eviction. Request that he go over all the steps you should take to ensure that the eviction process goes smoothly. He will schedule a court date to enforce the petition.
Give the papers your lawyer prepared to your child five to 12 days before the court date. Serving the paperwork early may lead to the child leaving before the court date, which would ease the process.
Visit the Clerk of Courts office to file the petition three to five days after serving your child with the notice of petition of eviction.
Go to court on the date scheduled for the hearing. Present the court with your case by explaining your reasons for filing the petition for eviction. Notify the court of any breach of the lease agreement if you are renting the property, such as failure to pay rent or drug use. If you own the property, notify the court of your reasons for wanting your child evicted, such as fighting or criminal activity. The judge will either make a decision to approve or deny your request for eviction.
Visit your local police department and present the warrant for eviction. Pay the fee your county requires to file the paperwork. Each county and state's pricing for this service varies, so call before actually taking the documents.
Give your child notice that she has 72 hours to vacate your house or apartment. Contact the police if your child has not left the premises by the 72-hour deadline. The police will come to your home and remove the child in accordance with the judge's order.
Try to work things out with your child before going to the extreme of having him evicted from your house or apartment.
Your child must be 18 for you to file a petition for eviction against her. A petition for eviction can stay on your child's record, affecting her ability to rent or own property in the future.
Tips and warnings
- Try to work things out with your child before going to the extreme of having him evicted from your house or apartment.
- Your child must be 18 for you to file a petition for eviction against her.
- A petition for eviction can stay on your child's record, affecting her ability to rent or own property in the future.