PDA

View Full Version : How do we kick out 34-year-old adult child (California, no lease, no rent)?


gethimout
Dec 28, 2011, 03:49 PM
We have a 34 year old adult male child living with us. He has not spoken to us in 4 years, and though we've made several requests that he move out, he keeps replying, "Later." He pays no rent, does not clean after himself, there is no lease agreement, is probably going to school and seems to be holding down jobs tutoring. How do we kick him out legally?

JudyKayTee
Dec 28, 2011, 03:51 PM
You evict him according to California law - California Tenants - California Department of Consumer Affairs (http://www.dca.ca.gov/publications/landlordbook/evictions.shtml)

Fr_Chuck
Dec 28, 2011, 04:10 PM
You can evict him.

cdad
Dec 28, 2011, 04:31 PM
You evict him according to California law - California Tenants - California Department of Consumer Affairs (http://www.dca.ca.gov/publications/landlordbook/evictions.shtml)

You also need to check your local renters boards. Some cities have established laws under their jurisdiction that has different rules then the state wide default laws.

ScottGem
Dec 28, 2011, 05:29 PM
I moved this from the Family Law forum since the fact that he is family has little bearing on removing him. The only difference it makes is that I don't think he would qualify as a lodger which would have made it easier to remove him.

So you find out what the eviction process is in your area and you start the process with a written notice giving him a date be which he is to vacate. Generally that will be 30 days in the future. If he refuses to leave by the deadline, then you need to go to court for an eviction order.

christybc
Dec 28, 2011, 06:50 PM
When he is not home box up all of his things. Put his stuff in a storage locker. Pay for one months rent on it. Give him the key and do not let him into your house. Change the locks before he gets home. This way he has no belongings on your property. Stand your ground. If he gets crazy, you can call the police for help. Tell them what you have done and they can make him stay away. If you are afraid of him you can get a restraining order and have cameras ready to video record things.

cdad
Dec 28, 2011, 07:49 PM
When he is not home box up all of his things. Put his stuff in a storage locker. Pay for one months rent on it. Give him the key and do not let him into your house. Change the locks before he gets home. This way he has no belongings on your property. Stand your ground. If he gets crazy, you can call the police for help. Tell them what you have done and they can make him stay away. If you are afraid of him you can get a restraining order and have cameras ready to video record things.

This advice is very wrong. It would be an illegal eviction. If the OP were to do this and they call the police the police would tell them to let him in. You have to take it through the legal channels if you want it to stick.

ScottGem
Dec 29, 2011, 04:14 AM
When he is not home box up all of his things. Put his stuff in a storage locker. Pay for one months rent on it. Give him the key and do not let him into your house. Change the locks before he gets home. This way he has no belongings on your property. Stand your ground. If he gets crazy, you can call the police for help. Tell them what you have done and they can make him stay away. If you are afraid of him you can get a restraining order and have cameras ready to video record things.

Welcome to AskMeHelpDesk. Thank you for wanting to try to help others.

However, we ask that when you do, you try to maintain the standards of this site for accuracy and quality information. Unfortunately the advice you gave her is legally incorrect. As noted, if the son calls the police, they will let him back in. And he can then sue for an illegal eviction.

You also answered a few other questions from threads several years old. The advice in those threads was also questionable from a legal standpoint. Please check the dates before responding and we ask that you don't revive threads that have been dormant for several months, let alone years.

christybc
Dec 29, 2011, 09:33 AM
Dear help desk, What OLD threads are you referring to? This is the only question that I have posted on except for a question that I asked the same day. Is this an old thread? It was dated the 28th? I am new. I am learning.

ScottGem
Dec 29, 2011, 10:25 AM
Dear help desk, What OLD threads are you referring to?

You posted responses to three other threads there were 2 or more years old. All with an eviction theme