Homeowners have the ultimate right to determine who resides in their home. The decision to evict an adult child from the home can be a complex and difficult one to make, regardless of the cause. In addition to the emotional aspects involved, evicting a grown child can be a lengthy legal process that requires obtaining a court order to legally force the child from the home.
Evicting Adult Children Who Live With You
An adult child who occupies the same home as the parent is typically subject to eviction at any time. If the adult child is able to show, however, that his income has contributed to the upkeep of the home or the paying of the mortgage, if applicable, and the adult child has legally established residency for a period of time as mandated by state law, the court may recognise the adult child's right to proper notice to vacate. The time allowed varies based on the state.
In cases where an adult child has entered into a formal lease with the parent to rent a house, apartment or room, the child retains the same rights and responsibilities as any other tenant who leases property from a landlord. In this instance, the child may only be evicted prior to the end of the lease if he has refused to pay rent in full without sufficient cause, breached the terms of the lease by allowing unauthorised individuals or pets to reside in the home or has intentionally caused damage to or failed to adequately maintain the property in accordance with the agreed-upon terms of the lease.
Instances of Domestic Violence
In cases where domestic violence or the reasonable threat of domestic violence has occurred, an adult child may be ordered to vacate the home without a formal eviction. Removal of an adult child from the home on the grounds of domestic violence is typically done by obtaining an order to vacate or a restraining order, both which are issued by the general court of jurisdiction based on the residency of the parties and location of the home.
Removal from the Home
If an adult child has been served with a notice to vacate and still refuses to leave, the sheriff's office or local police may assist the parent in removing the child from the home. In order for law enforcement to intervene, a valid order to vacate from the local court of jurisdiction must be shown. Once proof of the order is established, law enforcement may physically remove the child from the home and assist in removing the child's belongings from the home if necessary.
- Legal Assistance of Western New York: Evicting Someone Who Shares Your Home; Josh Parks; February 27, 2007
- Telling It Like It Is: Boomerang Kids: How to Kick Grown Adult Children Out of the House; March 29, 2010
- Terrence C. McAndrews P.A.: Boomerang Kids: Love Them or Evict Them; Terrence C. McAndrews; 2011
- Eviction Resources: How to Evict Someone Who Lives With You; 2010
- Find Law: The Eviction Process FAQ; 2011