Hello - my son is 22 years old (live in NJ). He will not pay rent or help out in the house. He will not abide by the rules. He'll take my mothers keys to her car without asking and take off for days. What paperwork do I need to fill out in order to evict him from my home? Many thanks

Tired of the drama...

You do not require any paperwork to evict your son. If he is not on title for the house (or on the rental agreement), then you may ask him to leave at any time. If he was paying rent, as per a tenant agreement, you would need to give him 30 days. But if you have no written agreement... then all you have to do is say... Get Out! Cheers!

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Originally Posted by TheClimateGuy

You do not require any paperwork to evict your son. If he is not on title for the house (or on the rental agreement), then you may ask him to leave at any time. If he was paying rent, as per a tenant agreement, you would need to give him 30 days. But if you have no written agreement...then all you have to do is say....Get Out! Cheers!

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This is not accurate.

You are still required to file for an eviction and give him 30 days whether there is a written agreement or not.

You evict him as a tenant, relation or not.

I've kicked him out, but he won't leave. He comes and goes as he pleases.

Thank you

Then you call the police. It is illegal to come and go as you please from someone else's house

I've done that. This has a total nightmare. Police won't do anything.

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Originally Posted by TheClimateGuy

Then you call the police. It is illegal to come and go as you please from someone elses house

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Once again, he is considered a tenant by statutes of the law, he is a non-owner living in the house. Until he is formally evicted, it would be unlawful to keep him out of the house.

I'm sorry... I can't agree. If I have a friend who is crashing on my couch (technically he's living there)... I do NOT have to give him any notice to get him to leave. Unless you have a signed tenant agreement, you have NO rights... and you can be kicked out at any time.

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Originally Posted by TheClimateGuy

I'm sorry...I can't agree. If I have a friend who is crashing on my couch (technically he's living there)...I do NOT have to give him any notice to get him to leave. Unless you have a signed tenant agreement, you have NO rights...and you can be kicked out at any time.

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First I will point out that this was posted in the Law forums (originally in Family Law and moved to Real Estate law). As such answers here have to comply with existing law.

You are totally wrong that someone without a "signed tenant agreement" has no rights. Someone crashing on your couch for a few days is technically NOT living there, they are a guest. However, someone who lives at the address, gets mail there that show it as their official residence, has possessions there is a RESIDENT. As a resident they have almost the same rights as a tenant. So one can't just throw them on the streets. They have to be formally evicted. Please learn the law before answering legal questions.

To the OP.
Play it safe, give him a 30 day written notice to vacate. If he's not out after 30 days, file for a formal eviction order. Your local housing court will tell you the exact process.

Climate Guy I have issued you a warning for such poor and incorrect answers, If your friend crashes one or two nights maybe you can have them moved out. But a family member who has lived there, or that person on the couch who has been there a few weeks, has established residence. There is no need for rent to be paid, and most certainly not a written agreement.

Even someone watching Judge Judy and answering here would know that.

I am sorry if I sound rude but you can cause someone seroius legal issues, allow that person to sue them for large amounts of money for a illegal eviction.
Your answers can do great harm for anyone that would follow them

Thank you all for your advice. I will start with a letter and then an eviction notice..