Ask Me Help Desk - Evicting an adult child in Tennessee

My son in 20 years old. He came home from college after getting kicked out for a GPA of under 1.0. He asked to come home for "3 weeks". This was May 4, 2006. The only room I had was my garage. I didn't want to make things too comfortable for him. He stays out half of the night drinking and partying, and has never given us a dime toward groceries or anything else. I want him out! He runs his mouth, and is driving my 9 year old crazy. What are the laws in Tennessee regarding eviction of an adult child. I have a hard time saying eviction, because he has never paid rent.

Just tell him to get out, he is family not a tenant.

That's just it. I have and he won't. This may sound mean, but I have tried to "force" him to move by witholding air conditioning from the garage, locking up things like shampoo and soap, and eating out everyday instead of buying groceries. I really think if I were to set his stuff out, he'd live in my ditch.

Tell him to leave or you will call the cops.

Then, if he comes back, call the cops.

A restraining order might also be something that you need down the line if the cop thing doesn't work on him...

I have pretty much the same problem and really don't know what to do only difference is I'm dealing with aa 18 year old girl, who does not drink or party just pierces her body, dreses like a freak and stays on the computer day and night. So what do I do.

I also live in TN and my 20yr old son won't move out. He is disrespectful to me and his father after all we do for him. He went to police after we told him to move out and they said we had to let him in the house because of some woderful law stating that if someone has lived or resided in your home for 4 or more days they have established residency there, you have to go to court house and get 30 day eviction notice served on him. He was always a smart and loving child and received full scolarship money to college, and is going, has wasted over12thousand dollars of scholarship money and won't get part time job or be responsible, he stays at his girlfriends homw with their family 3 or 4 days a week and comes home and wants tobe here when its convienent.
The police officer I spoke to said I had to let him in so I said fine, I have removed his bedroom door and turned off his cable and internet, I might have to let him in but I don't
Have to pay for his utilities or extra living expenses. By is he mad. Oh well grow up son.

Quote:

Originally Posted by livelovelaugh

I also live in TN and my 20yr old son won't move out. He is disrespectful to me and his father after all we do for him. He went to police after we told him to move out and they said we had to let him in the house because of some woderful law stating that if someone has lived or resided in your home for 4 or more days they have established residency there, you have to go to court house and get 30 day eviction notice served on him. He was always a smart and loving child and recieved full scolarship money to college, and is going, has wasted over12thousand dollars of scholarship money and won't get part time job or be responsible, he stays at his girlfriends homw with their family 3 or 4 days a week and comes home and wants tobe here when its convienent.
The police officer i spoke to said i had to let him in so i said fine, i have removed his bedroom door and turned off his cable and internet, i might have to let him in but i don't
have to pay for his utilities or extra living expenses. by is he mad. oh well grow up son.

This thread is a year and a half old. OP has not been back for rthe information.

To answer your situation you can evict him.

Hi There,

I live in New Zealand and different laws here I guess. I have just had to get a trespass order on my son who 24 who is unemployed, addicted to dope, alcohol and now butane. He has been mentally and physically abusive and threatening towards me. So I was forced to call the police last Sunday morning, he had been up all night smoking dope and drinking Vodka in his bedroom, and sniffing butane gas ( I had banned him from drinking alcohol on the property a few weeks ago. Also his bale conditions were not to consume alcohol) so when I eventually managed to calm him down from being abusive to me for finding the alcohol in his room I called his father who lives a short distance away, he came straight over, gave our son a serious talk, told him he had to move out, then told him he would have to live with the consequenses and that the police had been called and were on the way. Our son tried his best to say that he would 'do this and that and the other', however that was all just talk, and the police came and took him to the cells. I went down to the police station the next day to see Victim Support and at the same time took out a trespass order on him, so he cannot come onto the property again.

I also have a quesstion for you guys? I live in Tennessee, and my 20 year old doesn't work, he won't get out and look for a job and he knows I struggle and have a hard time paying bills. I don't know what to do! He is so sweet sometimes, and tells me he loves me and that Im the only one who has ever been there for him, but yet still has a DISRESPECTFUL MOUTH AND WAY OF SHOWING IT. DO I HAVE TO GET AN EVICTION NOTICE??

Quote:

Originally Posted by CHAST72

... DO I HAVE TO GET AN EVICTION NOTICE???

We ask, even if it's a similar situation to someone elses's, that you start a new thread.

Anyway, in most places in the U.S. you need to formally evict the person you no longer want living in your home. You would not have to get an eviction notice, but you would write one, sign it, and deliver it to the person you want to evict. You have to give the person a certain period to leave (it varies depending on the state you are in), and, if he doesn't, you go to court for an order of eviction.

I'm so glad someone else had gone through the situation that I am right now. I purchased a home in December 2011 that was finished being built a couple of weeks prior. I wanted to give my son, whom I previously threw out of my home for drug related issues, another chance so I allowed him to move in. Unfortunately, he brought a puppy with him. As we were moving in, he put the puppy in my garage and it destroyed the molding on the inside of the garage door. I informed him at that point that having a dog was not going to work. He was aware that I did not want an animal in my house and I desperately tried convincing myself that it was going to be fine. Since then, the dog has destroyed every piece of my $450 patio set and tore a gaping hole in my brand new carpet. I rarely get to sleep through the night with all of the noise that it makes and my son is never home to take care of it. He rarely takes the dog for walks but has trained it to defecate and urinate on my patio and won't clean up after it. Needless to say, I can't enjoy use of my patio but, then again, I no longer have patio furniture. One of my daughters and her child live with me as well and their lives are totally disrupted as a result of this. My daughter receives food stamps to purchase food for her and my granddaughter, but my son will help himself to every bit of it. My daughter started putting the non-perishable foods in her room and lock the door whenever she was not home, but he has managed to pop the door open and still help himself. My granddaughter's piggy bank was also search for and emptied... again. To date, she has lost about $400.

After giving him one last opportunity to get rid of the dog, I served him with notice to vacate on April 1, 2011 and I have 17 more days to wait. He has already given me the indication that he has no intention to leave without a problem. Do I have to file a court action to have him removed or can I just get assistance from the local police department?

Quote:

Originally Posted by ladythunder

After giving him one last opportunity to get rid of the dog, I served him with notice to vacate on April 1, 2011 and I have 17 more days to wait. He has already given me the indication that he has no intention to leave without a problem. Do I have to file a court action to have him removed or can I just get assistance from the local police department?

Sorry, I put the wrong date. I served him with notice on April 1, 2012.

He has to be evicted according to the laws of your State, and I don't know where you live. No, the Police will not throw him out because he's a resident and needs to be legally evicted.

If he is dangerous you can get a protective order banning him from contacting you or being in your presence and that will keep him out.

Quote:

Originally Posted by JudyKayTee

He has to be evicted according to the laws of your State, and I don't know where you live. No, the Police will not throw him out because he's a resident and needs to be legally evicted.

If he is dangerous you can get a protective order banning him from contacting you or being in your presence and that will keep him out.

I live in Tennessee and I am aware of the fact that he is considered a resident. Do I file with the court at the end of his 30 days or can I prepare in advance? Can I get rid of the dog on my own if he does not comply at the end of 30 days?

I've already lined up a person that would be willing to take it. I don't know how much more I can take of this animal. I've not had a full night's sleep in weeks and, since my initial posting, it has tore up my leather couch. So far as a protective order, that would be going a little overboard. My son is disrespectful and irresponsible, not dangerous.

You can't dispose of a tenant's property - and a dog is property (incoudng in TN). I don't know that a protective order is going overboard - you asked for options, I gave you options. Eviction is one. A protective order is one. Living with the situation is one.

Your daughter gets food stamps which taxpayers actually fund (and that includes me) and your son eats that food and no one can stop him?

Here's the eviction process:

"Tennessee Eviction Notice - The first step in the eviction process in Tennessee is when the landlord serves the tenant with an eviction notice. If the landlord is in one of the counties covered by the Uniform Residential Landlord and Tenant Act, then eviction takes a little more time. In those counties, to evict a tenant for non-payment of rent or for breaching the lease, the landlord should serve the tenant with a 30 Day Notice. This 30 day notice will state that the tenant must fix the problem within 14 days, or else the lease will terminate at the end of the 30 days. If the tenant is doing something that creates serious damage or harm to others, the landlord can serve the tenant with a 3 Day Notice to Vacate. This should only be used for serious damage or violations of health or safety. It is important for the landlord to check the lease. Some leases say that no notice is required for non-payment of rent. If that is the case, the landlord can go strait to court for relief. However, it might be better to give notice anyway, to give the tenant an opportunity to pay the rent (and let them know you are serious).

If the property is not in one of the counties covered by the Uniform Residential Landlord and Tenant Act, then the landlord only needs to serve a 14 Day Notice to evict for non-payment of rent, extensive damage, or health and safety violations. All other breaches need a 30 Day Notice.

Detainer Warrant - Once the Notice period in the Eviction Notice has run out, and the tenant is still there, the landlord needs to go to court for help. The landlord should go to the court that handles evictions for the jurisdiction where the property sits (usually General Sessions Court), and ask the court clerk for a Detainer Warrant to be issued. There will be a filing fee. The Sheriff will the deliver the Detainer Warrant to the tenant. It will tell the tenant when and where the court date is.

Going to Court - The landlord needs to appear at the court date to win the eviction. If the tenant does not show, then the landlord will win by default. If the tenant shows up, then both sides will have to present their case (their "side of the story") to the judge. The landlord should bring all evidence to court, including the lease, a copy of the eviction notice, documents, rent reciepts, witnesses, etc. The judge will then make a ruling. If the judge rules for the landlord, the tenant will have 10 days to vacate the premises. The judge can also award the landlord back rent and money for damages. During this 10 days, the tenant can appeal the judgment if they want to. If they appeal, there will be another hearing in Circuit Court, upon which the landlord must prove their case before the landlord can gain possession.

Sheriff Removal - If the tenant is still in possession after the expiration of 10 days from the judge's order to vacate, the landlord must go to the court clerk and apply to have the Sheriff remove the tenant. The Sheriff has the power to physically remove the tenant and the tenant's belongs on the 11th day after the order was handed down. The landlord can never physically evict the tenant themselves.

Next Step: We recommend you purchase the corresponding Tennessee Eviction Notice to be delivered to your Tenant.

General Eviction Process Tips - When you are beginning the Eviction Process, it is important to remember that this is a legal procedure. Act professional and keep good records at all times. For example, be sure to keep multiple copies of all letters and documents you deliver to your tenant. If your tenant does not leave after receiving your eviction notice, you may need to prove to a judge later that you in fact properly delivered that eviction notice.

If you end up having to file an eviction case, always make sure you file your eviction case in the right court. Every state is broken up into different jurisdictions, and you must file in the correct jurisdiction. You can usually figure out where to file by doing some research on your state's website. When you go to file your eviction case, the clerk's office will tell you if you are in the right place, and if you are not, they are usually very helpful. Always treat court clerks kindly and with respect, and they will go the extra mile for you.

If you end up having to go to court, there are a few simple rules to follow. Show up early for your court date and politely ask the court clerk where to go. Always dress professionally or they might not let you in the courtroom. DO NOT allow your cell phone to ring in the Courtroom! Many judges impose $500.00 fines or confiscate your phone for over a week! Most of the time you will sit in the Courtroom and the judge will come out and give everyone instructions. He will then begin calling cases. Address the Judge as "Your Honor" or "Judge." Make sure to bring a copy of your Eviction Notice, your Lease, and any evidence you need, such as witnesses, lease violations, pictures, etc. Always be honest, even if it is to your disadvantage. A perjury conviction is worse than losing an Eviction case."

Tennessee Eviction

Thank you so much. This information was extremely helpful toward my understanding of the exact steps that need to be taken.

Quote:

Originally Posted by JudyKayTee

Your daughter gets food stamps which taxpayers actually fund (and that includes me) and your son eats that food and no one can stop him?[/url]

We have had many words with him and my daughter has even gone so far as to putting all of the non-perishables in her room and locking the door when she is not there. He has found a way to pop the lock and get into the food anyway. As far as the refrigerated and frozen food, he'll go after that when everyone is sleeping or not home.

Quote:

Originally Posted by ladythunder

We have had many words with him and my daughter has even gone so far as to putting all of the non-perishables in her room and locking the door when she is not there. He has found a way to pop the lock and get into the food anyway. As far as the refrigerated and frozen food, he'll go after that when everyone is sleeping or not home.

You want him out fast? Report him to the Agency issuing the food stamps.

My son has rented a house from me for 4 years,he has since married and has taked in two roommates against my rules. He has not paid rent for the last 2 months. We do not have a written rental agreement.eviction is my only choice

Quote:

Originally Posted by mike1954

my son has rented a house from me for 4 years,he has since married and has taked in two roommates against my rules. he has not paid rent for the last 2 months. we do not have a written rental agreement.eviction is my only choice

Am I missing the question?