Does a non-rent paying adult child have legal rights to quiet enjoyment and proper eviction procedures if father and stepmother (wicked stepmother) wants her to move out? In a situation in which I am a friend, an adult child had been staying at home after graduating college while seeking permanent employment (This is in upstate NY). She had been cooperatively planning to move out next month, anyway. But today the father told her he wanted her out this weekend. Must even a parent follow legal eviction procedures to get an adult child out of the home? Does the adult child have the right to quiet enjoyment and access until such eviction is executed?

Legal eviction procedure has to be followed.

However there is no right to "quiet enjoyment". You only have that right when you have your own place and pay your own rent. They just can't change the locks and put your stuff at the curb until the process has been fully completed.

Being you are a "friend" of the involved party, I'm willing to wager you haven't heard the full story behind this from her.

True enough. But, the situation is not being well handled by the dad. It's life. Divorce is hard on the kids even 10 yrs later. I could go on about what I think about fathers who don't do right for their kids, but that wasn't the point of the question. I appreciate the input. I was pretty sure I was right about the need to "evict".

Well, many times there is what's right... and then there is what's legal... they aren't always the same, and you can get into trouble confusing one with the other. And even more often... people leave out important details... even with their close friends.

I agree on the eviction part of this but a resident, paying or not, does have the right to quiet enjoyment. This means until evicted the "child" can not be harassed by the parent.

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Originally Posted by ballengerb1

I agree on the eviction part of this but a resident, paying or not, does have the right to quiet enjoyment. This means until evicted the "child" can not be harassed by the parent.

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I do think that "Quiet enjoyment" needs to be defined as to expectations, as well as "Harassment". Obviously there is "harassment" and then there is just being irritating enough to make someone want to leave on their own. Particularly where they do no chores, contribute no money and eat all the food in the house, and don't follow the rules of the house.

I for example don't interpret "Quiet enjoyment" to mean the right to all the free food you can eat, to blare the TV at all hours, and not do your share of household chores. And to not hear anything suggesting a course of adult responsibility be taken, like a part time job. Just so there is no confusion in a previous post I made.

I have known adult children ( some of my cousins specifically) that actually believed they had the right to mooch off the parents for as long as they felt and follow none of the parents rules of the house. If I had done that even my own parents would have sent me packing. And they were far more giving than most of my friends families (all of them actually).

Heck... I own my own house and I'm married... Quiet Enjoyment is a distant dream. Part of being an adult is dealing with adult responsibilities and adult issues. Usually that takes up all of your free time.

When I saw the Op use that term I figured they had some knowledge of lease law since Quiet Enjoyment is covenant law. I realize kids and other can abuse a relationship and/or mooching off parents but this is a legal term and I believe the law does garrantee this right. "Courts read a covenant of quiet enjoyment between the Landlord and Tenant into every rental agreement, or tenancy. Thus a renter, or tenant, has the right to quiet enjoyment of the leased premises regardless of whether the rental agreement contains such a covenant." Definition from a legal dictionary.