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How to Evict Your Adult Children

Updated July 20, 2017

At age 18, a person is legally an adult. It is at this point that he or she has the choice to move forward with their lives or stay in their home for a variety of reasons. Some cultures do not want the children to leave until after marriage and some families prefer children to stay until graduating from college. Sadly, there are some times when discipline or disrespect issues arise and legal action has to be taken to remove an adult child from the home.

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  1. Get your documents in order in regard to making sure that you can legally evict someone from your home. Only the person that signed the rental agreement for the home or the homeowner can evict someone from a residence.

  2. Consult a family lawyer to help you make all of the arrangements with the court. Contact your local legal aid service for free advice if you can qualify financially. Prepare all papers with total regard to the law so that you know that you are protected when the case is presented in front of a judge.

  3. Hire a document serving company or if you can civilly, serve documents to your child one to two weeks prior to the court hearing.

  4. Return to the court and file the petitions with the court clerk within three days from the time that your served the papers to your child.

  5. Appear in court at the scheduled time to present your case and to try to win a warrant of eviction.

  6. Present the warrant of eviction that you receive from the court to your local police department. Pay any fees that the police department may have to file forms with them.

  7. Advise your child that they have 72 hours to leave your home. If the child violates that notice, the police have the right to remove the child in question from the home based on the court-mandated warrant of eviction.

  8. Tip

    Try to come to an amicable agreement before you take legal action. Legan action can be damaging to a family.

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Things You'll Need

  • Family lawyer (optional)
  • Petition for eviction
  • Notice of petition for eviction
  • Court filing fee

About the Author

Based in California, Danielle Ramelow has been a freelance writer since 2006. She writes curriculum materials and conducts training seminars in the beauty industry and social-media field. Ramelow holds a Bachelor of Arts in journalism and mass communications from Chico State University.

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