I live in Massachusetts and my daughter and her boyfriedn live with me. I have asked them both to leave my house as they do not contribute any money to the household. She is 21 years old and he is 22 years old.

My daughter and I are not getting along at all and I would like her out of my house as soon as possible.

Thanks

Tell her she needs to move out or if worst comes to worse call the police and they will make her move out.

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Originally Posted by comedianmeg

Tell her she needs to move out or if worst comes to worse call the police and they will make her move out.

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I have asked her to leave and she tells me that she is not leaving until December. I do not want to wait that long. I can't wait that long financially. I have someone to move in with me and split the expenses so I need her to leave. My sister and her husband own the house I live in and they are aware of the situtation.

You're house, you're rules. Tough love. I know it sounds mean of a parent but you have to do what you have to do in order to survive.

PS. Where in MA? I reside in MA too!

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Originally Posted by bEaUtIfUlbRuNeTtE

You're house, you're rules. Tough love. I know it sounds mean of a parent but you have to do what you have to do in order to survive.

PS. Where in MA? I reside in MA too!

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West Springfield.

Yes, it is your house. They are YOUR guests. You have every right to make them leave whenever you see fit. If you have to call the police to do so, then do so. Don't enable them any longer. It does NOT make you a bad parent. It's time for her to grow wings. And if she's mature enough to have a man living w/ her then she needs to be mature enough to have a job, pay bills, etc... And apparently they aren't going to do that unless someone forces them to do so. Unfortunately that someone is you. Good LucK!

Well, it would be nice if you could simply call the cops and they'd make them leave. It doesn't work that way, unfortunately. The police will come and say it's a civil matter and not do a thing. (Unless there's violence.)

Check your state's landlord / tenant property code. There's a sticky at the top of this forum with a link for each state. You can give them a notice to end their periodic tenancy (usually around 30 day notice - varies), then move to evict when they don't leave.

Or you could attempt to evict for non-payment, if you had a pretty clear payment agreement at one time that they are not following. Usually a 3 or 5 day notice (varies by location) and then move to evict when they don't follow that.

But, they are your tenants. You have to evict them. The police won't remove them for you.

Is it really a tenant issue? The girl is her daughter. Why could she not at any time change the locks on the doors? Parents have to kick their kids out all of the time. They are living under her roof. Not in a place that she has rented to them. My mom went through that w/ my sister. Had to go through all of the bells and whistles to kick her out of a house that my parents had rented to her and she didn't pay rent for 2 yrs! They had to take her to court. But that was different. They were not under the same roof. There's no paperwork. They have no lease. No one is breaking a contract. It should be that simple, right?

Mom... You just have to mean what you say, grow some balls, change the locks and get her out. Plain and simple. You said you asked her to leave. You need to TELL her and mean it. Tell her you're giving her 2 weeks and then the locks will be changed. See what she does then. But mean what you say.

Remember people, this is the Real Estate LAW forum. If you don't know the law, then please don't answer.

The law is that this is a civil matter. Therefore the police will not get involved. The law is that the daughter is a resident in the house, just as much as the OP. And since the OP is not the owner of the house, then the owners have to file for eviction if the daughter won't move or at least pay rent.

To the OP go to your sister and have them server her a notice to vacate. If she isn't out by the deadline, then she has to go to court for an eviction order.

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Originally Posted by erin7799

Is it really a tenant issue?

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Again this is a LAW forum. If you don't know the law you shouldn't be answering here.

The law states that once a person establishes residence, they have to be evicted formally. It doesn't take much to establish residence, listing the address on a driver's license, getting mail (bank statements, credit card statements, etc.) at the address. Having all your possessions there. All these can go towards establishing residence. A lease and/or a rent paying situation aren't the only things that define residency.

If the OP changes the locks the daughter can call the police, show them her drivers license with that address and the police will force mom to let her in. She can then sue mom and her aunt for an unlawful eviction.

If this was asked in the parenting forum, you might have more leeway in expressing your opinion, but its not and answers here have to take the law into account.

Thanks for all the answers. I am planning on calling Housing Court to ask them what is the legal way for me to get her out of my house. Her boyfriend also lives there as well. My sister and brother-in-law already told me that they would sign something that states that they only rented the house to me.

Since your sister and bro-in-law own the house, it would probably be best if they processed the eviction. You could take the position that yoiur daughter was your tenant, but I think it would be better the other way.

I really did not want to put them in that situation as it is there niece even though they agree with me on what I am doing. I will let you know what housing court has to say in this situation.

I missed the part where it said that it wasn't HER house. OOPS on me Mr. ScottGem. I just feel for this woman because I saw my parents go through it. The kid doesn't care just as long as SHE isn't inconvenienced. Yet at the same time it sounds like this poor woman is going to go broke taking care of 2 people who are perfectly capapble but unwilling to care for themselves. It took my parents a few months to even get it to court to get her out. They were out almost $50,000 by the time it was all said and done. Sometimes it just doesn't seem that the law is fair. When someone is trying to do something nice for someone, even if it's a child they get royally screwed.

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Originally Posted by erin7799

I missed the part where it said that it wasn't HER house. OOPS on me Mr. ScottGem.

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Actually that has no bearing, it only affects who has to do the eviction.

While I toitally agtree with you and empathize with the OP, we still have to give her answers that won't get her into more trouble. I wish she could make it easy and just call the police, tell them her dtr and boyfriend are trespassing and get them to escort her out. But the law protects people from being thrown out of their homes arbitrarily. As long as a person can establish residency, removal must follow the laws.

Thanks for the help. I contacted Housing Court and they told me that they can not give me any legal advice with regards to what to do. I am going to have to talk to an attorney regarding the matter.
But I think I am going to just give her a 30 day notice to vacate my house and if she does not leave by the end of September, then I will have to file in court to have her removed. Which is not what I really want to do, but I can not deal with this situation anymore. Together they bring home about $500 a week and they don't pay anything but her car payment which I just found out that she is behind on.

I am working two jobs right now at about 96 hours per week. Am not home much but they don't even buy any food and they are the ones who eat it. I am financially strapped and if I have to file in court, it is going to cost me about $150.00 or more to get them out. There is also a chance she can ask for a stay of execution if she claims that she has no where to go. I also know that this is going to ruin what left of a relationship that we have right now even though deep down she knows that she is wrong with everything.

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Originally Posted by robyngay5

I contacted Housing Court and they told me that they can not give me any legal advice with regards to what to do. I am going to have to talk to an attorney regarding the matter.

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Its true they cannot give you legal advice on what to do. But they should be able to tell you the procedures you need to follow. I suspect your worded it incorrectly. Go back tot hem and simple ask what steps and procedures need to be followed to evict someone.

While getting an attorney is a good idea, this should be doable without one.