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What is the legal procedure for evicting our adult child from…

What is the legal procedure...
What is the legal procedure for evicting our adult child from our home? He moved out about 2-1/2 years ago, but was allowed to stay here, temporarily, when he got kicked out of his girlfriend's house four months ago. We are at our wit's end trying to get him to respect our boundaries and follow our rules... Our patience has been stretched beyond its limit.
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Answered in 3 minutes by:
6/26/2010
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,743
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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You would evict him like any other tenant. Give him a written 3 day notice to leave for non-payment of rent. Then if he does not leave you have to go to the court and file a Petition for Unlawful Retainer/Eviction and go to court to have him evicted and the court will order the eviction.


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Customer reply replied 8 years ago
In California, does our allowing him to stay here temporarily give him the same rights as a tenant? We have never had any kind of agreement with him to that effect, nor allowed him exclusive right of use to any part of the house. We have never characterized the little money he gives us as "rent", instead we've called it "sharing in the expenses". And actually, he doesn't "give" it to us... His mother deducts it from his checks, which are electronically deposited into my wife's account.
Yes, you allowing him to stay temporarily gives him the same rights as a tenant. If you are deducting money from him the court will consider it rent and you will need to give him 30 day notice to evict and do not deduct any more money from him after you give him the notice.
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Customer reply replied 8 years ago

Is there anything that can be done to extinquish those tenant rights? What we had in mind was preparing a specific "contract" that clearly specifies our bounaries, and stipulates consequences for his disregard or non-compliance. The consequence will be that his permission to stay here is relinquished. I'm not worried about him seeking legal remediation or anything like that... I just want to know that if we need to call the police if the situation escalates, what will the outcome be.

No, there is nothing you can do to extinguish those rights because that is how the court requires you to remove someone (except in cases of domestic violence where a protective order would remove them from the house). You can enter a contract with him, but the outcome would be the same, if he breaches you would have to go to court with him to sue for eviction.
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,743
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Law Educator, Esq. and 87 other Legal Specialists are ready to help you
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Customer reply replied 8 years ago

Uggghhh!!! Any helpful resources you'd recommend to help us make this as smooth as possible? So far there hasn't been a huge "blow out" but I'm just trying to prepare ourselves (my wife, mostly) for it just in case that does happen. Thanks for your help.

 

Mike

If you cannot afford an attorney, the local landlord tenant center or legal aid is the best place to get help. These situations are always really difficult for people and they are best dealt with by having an attorney.
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