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klreid · Feb 11, 2009, 07:41 AM

My daughter is 23-year and lives with me. I told her to move out and she will not. She drinks everyday, has her boyfriend enter the home at night, and does not pay rent or look for work.

Last night her boyfriend entered through the window and I asked him to leave. He then went with her to sleep in the car near the garage. I called the police and they sent him away three times! The fourth time he called and the police said I would be taken to jail if they were called again. He then broke open the window to let my daughter in.

I was told by the police that I would have to evict my daughter, otherwise she could do as she likes.

What are my options? I am a homeowner and do not want my daughter or her boyfriend coming in. She will not leave and he will not stop entering the house.

this8384 · Feb 11, 2009, 07:48 AM

File for eviction at your county courthouse. I might be wrong, but I believe you can only file against your daughter, as her boyfriend doesn't actually reside at your house.

If you don't file for eviction, she and her boyfriend will continue to come into your house at their leisure, just like the police told you.

ScottGem · Feb 11, 2009, 09:49 AM

This has some interesting twists. I do agree with This8384 that you need to formally evict her. Check with your local courts for the process. Generally, you need to serve her with a notice giving her 30 days to vacate. If she doesn't, then you file in court for an eviction order. A hearing is held and the court will issue the order. If she still doesn't move, then you hire a sheriff to physically move her.

But the boyfriend issue is another matter. At this point she is a resident and is entitled to have guests. She can let the boyfirend in by the front door. However, the boyfriend CANNOT sneak in and definitiely can't break in (open a window). When he did that you could have called the cops and had him arrested for breaking and entering.

Also with the sleeping in the car, If the car was parked on your property, you may have had the right to have it removed, but if they were on the street other laws apply.

Bottomline, is tell your daughter to get out or you will evict her.