How to evict an adult child

Updated February 21, 2017

There comes a time when you need to tell your adult child to leave your home. For some this comes easy, for others the adult child may put up a battle. When this happens, one step to take is to evict him from your home. An eviction notice is a legal document given to the tenant to leave the premises within a certain time frame. The notice is typically served on the individual by a law enforcement officer.

Talk to your adult child and try to negotiate a reasonable time for her to leave your home. When the agreement is reached, write up the agreement and have your adult child sign and date the document along with yourself and spouse. Try to get a witness to also sign the agreement. You may need this written agreement if your adult child refuses to follow through.

Go to your local district court and ask the clerk of the court for eviction forms. At this time ask about process fees, when to file and what attachments are necessary, if any. Complete the necessary forms and file them with the clerk. You will receive a notice of a hearing date within a few weeks. A notice will also be served to your adult child informing him of the hearing.

Attend the hearing. You may hire an attorney if you feel you need one, or you may represent yourself. Bring with you copies of all paperwork and the witness to present your case to the court. This is a first step. If your adult child refuses to abide by the court order, assuming the judge granted one, you will need to take further action.

File a "warrant of restitution" with the clerk of courts and pay the filing fees. Law enforcers will then have the authority to remove your adult child from your home. Remember that this process will not resolve itself overnight and can take several months before the eviction is completed.

Change the locks on your doors to prevent the adult child from entering your home without your permission.

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