Check out some similar questions!

Kozy109 · Nov 28, 2007, 04:26 PM

When my 33 year old daughter was released from jail, I let her come stay with me until she could get on her own. That was 8 months ago, and I see no end. How do I legally remove her from my home??

Choux · Nov 28, 2007, 04:34 PM

Sad to say, if you can't persuade her to move, you'll have to take her to court and get her evicted.

Fr_Chuck · Nov 28, 2007, 05:24 PM

I will disagree unless:

1. did you agree to the probation or parole to allow her to stay with that as a listed address

2. is there a rental agreement

3. is she paying money toward expenses

As with many adult children if they are just staying there you tell her to leave, if she was my child and did not leave, she would find her things packed on the porch and the locks changed, ** I would have given her a chance to move first.

If she is not a rental, she is a guest or just a household member that can be thrown out. If she is a tenant, then she has to be removed though court.

Choux · Nov 28, 2007, 05:30 PM

Chuck,

A person cannot lawfully put someone out onto the street. NO way. The parent can be sued.

cjonline · Nov 29, 2007, 08:15 AM

Yes, a person can put someone else out on the street unless, as Chuck said, there is an rental agreement, they're on the lease/mortgage or it was part of her parole/court ordered for them to stay, like until trial. Otherwise then can be put out without an notice what so ever. It's your home, your property, you can say who lives there and who doesn't.

As for being sued... Anyone can sue anyone for any reason. It doesn't mean they will win or that they are right, but they can sue all they want.

That being said its always better if people can work it out. Family is family no matter if you want them or not. If there is a way for the OP to sit her daughter down and talk to her then that is what I would say to do, but I get the feeling that has already been tried and nothing came of it. Then the next thing I would say is set a date for her to be out or deadlines for things to be done like getting a full time job or doing X, Y & Z. Kicking them out, without some other place for them to go would be the last thing to do.

ScottGem · Nov 29, 2007, 08:40 AM

The problem here is one of establishing residency. Even without a lease, its possible for the daughter to establish residency under the rules of the area they live in. If that happens they have to be evicted. Otherwise, they can be put out.

Have you actually talked to your daughter about moving?