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    dogcatcher_84's Avatar
    dogcatcher_84 Posts: 1, Reputation: 1
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    #1

    Jun 30, 2007, 09:14 AM
    In California how do I get an adult child out of my house who refuses to leave.
    I have a dead beat son who is 26 years old and refuses to leave the house. He don't contribute to anything, he sleeps all day does not work, does not help out around the house. Just eats my food, uses my energy, steals from us. I have called the local police but they say I have to evict him. This don't make since to me but how do I do this. I live in Southern California San Bernardino County is this something here in California or is this the way it is all over now.:mad:
    nauticalstar420's Avatar
    nauticalstar420 Posts: 3,699, Reputation: 423
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    #2

    Jun 30, 2007, 09:26 AM
    Superior Court of California, County of Alameda

    I know you're not in Alameda County, but the same applies all over California :)
    nauticalstar420's Avatar
    nauticalstar420 Posts: 3,699, Reputation: 423
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    #3

    Jun 30, 2007, 09:28 AM
    Serve him with a 30 day notice first, then use the Unlawful Detainer Action :)
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,302, Reputation: 7692
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    #4

    Jun 30, 2007, 04:36 PM
    Well since they are not a tenant, this may not work, what is the rent they are suppose to pay, how late are they in the rent, and so on,

    Family members are normally not tennants unless they have agreed to rent, they are tresspassors once they refuse to leave when told to leave.
    In most cases, you change the locks when they are out, and deal with them.
    wichmann's Avatar
    wichmann Posts: 1, Reputation: 1
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    #5

    Jul 2, 2007, 10:44 AM
    How do I evict and adult child 31 years old living at home in Idaho Falls Idaho?
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
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    #6

    Jul 2, 2007, 10:52 AM
    Pack his bags, put them on the step, change the locks, if he shows up don't let him in and call the police and have him arrested for tresspassing.
    nauticalstar420's Avatar
    nauticalstar420 Posts: 3,699, Reputation: 423
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    #7

    Jul 2, 2007, 10:53 AM
    Quote Originally Posted by Fr_Chuck
    Well since they are not a tennant, this may not work, what is the rent they are suppose to pay, how late are they in the rent, and so on,

    Family members are normally not tennants unless they have agreed to rent, they are tresspassors once they refuse to leave when told to leave.
    In most cases, you change the locks when they are out, and deal with them.

    Listen to him, he knows what he's talking about :)
    BlueMoodsNJustin's Avatar
    BlueMoodsNJustin Posts: 35, Reputation: 2
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    #8

    May 2, 2009, 11:55 AM
    For what it's worth it's the same in Florida. Makes no sense to me either. If someone is living rent free in your home I don't see how they would have the same legal rights as a rent-paying tenant.

    I am in a similar situation myself with my 20 year old son but mine is sticky. I can't serve an eviction notice since I rent my home and I can't ask for help from my landlord since my son's not on my lease and there an "unauthorized tenant." I would possible eviction myself.

    A police officer once explained it to me like this: Let's say I felt sorry for a homeless person and invited them to spend the night at my house. Once they got their bags into my home, by law they would be considered a resident of my home and I would have to legally evict them to get them out.

    Sounds messed up doesn't it? But at least now you know that the law applies in at least 2 states, probably more.

    Good luck!
    zmann's Avatar
    zmann Posts: 1, Reputation: 1
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    #9

    Aug 16, 2010, 02:59 PM
    Similar problem in El Cajon Calif. . 20 year old deadbeat son who now uses drugs in my home. . thrown out last year for theft and drugs.. . I let him move back in with me 2 months ago when he became homeless. . A condition of his being here was no drugs on my property. Fast forward to now, last night I found him in a drug stupor, called the police to have him removed.. . The police refused and said he is a legal tenant with all tenant rights even though he pays nothing for his expenses. .
    I asked the police to have a dog search the house for his drugs. . The cops refused saying they needed the sons permission to search his room.. . Basically, me, the parent has no rights. I had to hire an attorney today and do a 30 day notice and then the following court stuff to force him out. The attorney cautioned me that the kid can refuse to comply all the way to a final judges ruling which the attorney said the kid can resist and postpone and still make it very difficult to get him out. I even told the cops that since I'm 63 and the kid is 20 and on drugs, I am in fear from my welfare and that of my home and that he pulled a knife on me 4 years ago. . The cops answer was I would have to wait until the kid becomes violent or actually causes harm before they will do anything.. . until that time the kid has the 'rights' of a tenant. Guess they need a fatality or a lawsuit to get them off their butt's.. .
    Don't Know's Avatar
    Don't Know Posts: 1, Reputation: 1
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    #10

    Aug 10, 2011, 08:03 AM
    Sounds to me like there really are no answers. We are the unlucky parents that got a bad one as well. She is 37 now and homeless. We have had her in our home several times and had to kick her out several times. What are you supposed to do when you don't trust them? She has a temper that is scary. We have been trying to figure this out for almost 20 years. We have tried to help financially and tried to get her some counseling for the anger. If they don't want to change their life, how are we supposed to do it for them? Whe does it stop? Why are we supposed to DEAL with it. Would they put up with a parent mentally abusing the kids? No, I don't think so.
    JeanieChampagne's Avatar
    JeanieChampagne Posts: 2, Reputation: 1
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    #11

    Nov 23, 2013, 04:46 PM
    My quick answer for those parents who are given no rights by the legal system, instead supporting these criminal deadbeats who leave us basically unsafe in our homes! Gather your thoughts and have the child arrested for everything they have ever stolen from you... if it has anything to do with a debit card.. they are in real trouble... if they took your care without your permission -- that's a felony. All theft is illegal - so use this as either leverage to remove your child by bluffing him out --- or, actually do it, if they force it! If an adult child refuses to join the human race, then the should be homeless!

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