Ask a Lawyer and Get Answers to Your Legal Questions
Good day, my name is Brandon. You mentioned TPD -- in which city and state do you reside?
Thank you. My apologies for the delay. You just looking for a way to have him removed from the home, is that correct?
Do you have any sort of rental agreement with your son? Or have you allowed him to just live there for free?
Ok, I have some good news and bad news. The good news is that there is a legal process to have someone removed from your home. The bad news is that it's not easy or quick. When people think of an "eviction", they normally think of a landlord and a tenant. However, "eviction" is the legal process of removing anyone from their home because they don't have the right to be there. This includes someone who outstays their welcome in their parent's home. This is an oversimplified description of a complex process, but the eviction process starts with a written demand to vacate the premises; if the "tenant" doesn't vacate, the next step is to file for an "unlawful detainer" judgment. The tenant has to be served notice of the filing and given a chance to respond in court. If the court is satisfied that the tenant doesn't have the right to stay, the court can then order the person to be removed from the home. With that order, local law enforcement can forcibly remove the person if necessary....
So, for someone doing this on their own and without an attorney, the first thing to do is usually to contact the county court and ask for an "unlawful detainer forms package". If available, this will include a copy of the forms needed and some basic instructions...
The next step is usually to visit a bookstore and request an eviction guide. The books available are usually very helpful. You can also contact a legal aid organization or the county bar association for a low-cost consultation.
If the person to be evicted puts up a fight, the entire process can take about 30 days. If the person to be evicted makes any sort of threats in the meantime, it can also be possible to get a restraining order against them that would result in their immediate removal.
I know that's a lot of information, but I hope that it can point you in the right direction. Even though there's still a lot of work for you to do after we finish here today, was that answer clear and helpful?