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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 100009
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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How to legally remove 18 year old son from my home/

Customer Question

how to legally remove 18 year old son from my home/
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this. Can you please tell me what state this is in?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
Rhode Island
Expert:  Ely replied 1 year ago.

Thank you.

He is what is known as a tenant at sufferance. A tenant at sufferance is someone who has no right to occupy the premises, but is tolerated by the owner and may be terminated at the will of the owner.

A tenant at sufferance has few rights, but one of these rights is to be evicted. So in other words, one cannot simply physically kick him out of the home. He must be evicted like a tenant who has not paid rent. If after the quick eviction hearing she still does not leave, then, one can get a Writ and have the authorities forcibly relocate him.

However, many tenants at sufferance simply LEAVE once they are given notice that they will be evicted if they do not, since they have really no defense to an eviction.

So here, you may:

1) Give him notice to leave and if he does not;
2) Evict him as though you would a tenant; and
3) Have the authorities remove him by force if she still does not leave; and
4) Change the locks.

Again, the majority of tenants at sufferance shall leave upon notice, or shortly after an eviction is filed.

The notice should be at least 15 days.

It doe not matter that he is related. At 18, he becomes an adult and parental care ends.

NOTE that if he is threatening you or hurting you, then a quicker way is available possibly. Let me know if you want information on this.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!