Our son (age 29) is living with us in our home (duplex) we have owned for 25 years - he is staying in the empty unit, we have never rented before. He has never paid any rent, we have no rental agreement or lease, we were just helping him out for a short time. It is best that he move out and become more independent. He has never paid any rent, has no utilities in his name -- nothing is in his name at all. I mentioned if he would get an apartment with his friends or find a room to rent elsewhere because he is becoming more dependent on us. We pay for all of the mortgage, all utilities, most of his food, we give him rides to his part time job because he is spending his money on video games etc.

He says he feels because his mail was forwarded to my house - that he has to be evicted and does not have to leave. I pointed out, just having your mail changed to someone's house does not create legal rights - I could have my mail forwarded to someone's house - but that does not mean anything regarding legal claims. Whether he leaves on his own, is forced to leave, or insists on eviction -- the result is, that he is living independently and making his own future. An eviction on any ones record - can seriously harm the ability to find future housing.

I asked him to find other housing voluntarily, but I think he likes his parents to support him and we will need to force him to find "other" housing.

===> Will I need to evict him even though he is not a renter?
I live in California.

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Originally Posted by MYBOB

He says he feels because his mail was forwarded to my house - that he has to be evicted and does not have to leave. I pointed out, just having your mail changed to someone's house does not create legal rights - I could have my mail forwarded to someone's house - but that does not mean anything regarding legal claims.

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You are both partially right. The thing is, he is more right. Just having your mail forwarded to an address doesn't make you a resident, but actually living there, having his things there, getting mail addressed there etc. can make him a resident. And as long as he is a resident, you can't just throw him out. You have to go through the eviction process.

So give him a written notice to vacate within 30 days or you will file for an eviction order.

You have to go through a formal eviction process just like he was any other tenant and you was the Landlord. I assume we are well beyond a few weeks, likely past a few months and even maybe a couple years.

Sorry you have to go through this... but he after a month or two, he's clearly a tenant on a month to month lease, and that's how you have to treat it. Money doesn't have to change hands, and no written agreement has to exist.

Interesting, I pointed out the eviction would be a formal black mark on his record and may make finding a rental difficult. He should move out -- when asked to find housing. We don't feel living off his parents is good for him. His father is out working in the hot sun and he is playing video games with his friends.
He would live on Dad forever, if he was allowed to.

What form would be required, since he doesn't pay rent -- an unlawful detainer?

An unlawful detainer is the official name for an eviction order in CA (and several other states). And you're right an eviction order will not look good when he tries to rent somewhere else. But he doesn't think you are serious. You may have have to go as far as filing for a hearing before he realizes that you will go through with it.

I would suggest having one last conversation with him and explain what is going to happen and try to explain one last time what it will mean for his ability to rent in the future. I would also stop driving him and giving him any money.

There is nothing requiring you to continue being his taxi or personal ATM.