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Frustrated23 · May 18, 2011, 03:53 PM

I need to kick my 21 year old out. He pays not even a third of the rent. How can I do this...

smoothy · May 18, 2011, 04:00 PM

If he's been there over 30 days... you have to go through the eviction process. It starts with a 30 day notice served, in writing to them. If they haven't vacated in 30 days you take them to court and after you win, the sheriffs will put their stuff out of the house.

However... I assume you are someplace in the USA... Depending on what country and state you are in... rights and requirements may vary.

Frustrated23 · May 18, 2011, 04:08 PM

We are moving in two weeks (we live in Duval county in Florida) we want to kick out my boiyfriends 21 year old. We obviously do not have the time to give him a 30 day notice? Do we have the option of kicking him out now? If not do we have to take him with us when we move? If he does move in the house, and we decide we do not want him there do we have the right to kick him out? No one has signed the lease but me. (no relation) He currently pays $280 towards the $1300 in rent.

ballengerb1 · May 18, 2011, 04:15 PM

The 21 year old was clearly a resident in your existing home, does he know about the move? I would serve notice now and do not accept a penny toward rent at the new place.

ScottGem · May 18, 2011, 04:15 PM

Let me get this straight. You and your boyfriend are moving from where you currently live. Living with you is your boyfriend's 21 yr old child. Now you don't want that child to move with you.

Was the child aware of the move?

I think this is a gray area. You are not kicking the child out, you are simply not providing the child with a new place to live. So I say make sure the child is aware they cannot move with you. And they have 2 weeks to find their own place.

By the way, in FL only a 14 day notice is required for terminating a month to month tenant's tenancy. So let the child know immediately.

Frustrated23 · May 18, 2011, 04:21 PM

If we move with our 21 year old and they are paying any form of money towards the bills are we required by law to provide a key and does he have the right to come and go as he pleases? Florida-Duval county

dontknownuthin · May 18, 2011, 04:31 PM

Anyone who is 21 is a legal adult anywhere in the US and has every right to come and go as he pleases. There's nothing illegal or improper about a 21 year old man wanting to be out until all hours - it's what's called "normal".

A lot of 21 year olds are at college, or work and live away from their parents in their own place, and run their own lives and live through it and succeed without a curfew just fine.

If he's paying rent or sharing the rent with you or the mortgage, or paying toward utilities, etc. you should not be trying to run his life and set curfews. Rather, treat it as an adult arrangement and tell him what you need from him if he's going to share a home with you. If he doesn't like it, you shouldn't live together.

If it's your home, you don't have to let him live with you.

In any event, for a 21 year old not to have a key to the house where he lives is pretty stupid in my estimation. Even a 10 year old should be mature enough to have a house key, and if you can't trust a grown man with a house key, you shouldn't live with him.

tickle · May 18, 2011, 04:34 PM

Yea, I sort of know what you mean, but you won't get good answers unless you explain a little more of what the problem is. Who are they? Who, and what key?
And who is he?

Don't get me wrong, we really want to help, but your question is probably too oblique,

Tick

joypulv · May 18, 2011, 05:08 PM

I'm confused too. If we move? How is moving relevant to the question?
I agree that anyone who contributes so much as a dime gets a key, especially family. The only time I might see an exception might be if you were running an old fashioned boarding house with other boarders.
As for coming and going, you can set rules as landlords (within the law) and treat the family member as a tenant. If rules, such as noise, are violated, you terminate the tenancy, and if they don't move out, you evict them. You might want to consider asking a real estate agent for a standard lease form and write it as a month to month, whether a set rent is paid or not. Setting a fixed amount is usually a big relief for everyone, and helps stop fights about contributing.

joypulv · May 18, 2011, 05:13 PM

I see that you asked this a few minutes after asking a related question. Please use Answer, below, instead.

Fr_Chuck · May 18, 2011, 07:00 PM

I have merged your posts, it can take hours or even several days to get some experts online to answer your question.

If they live there, they can and should expect a key, and if they live there, and are an adult ( normally over 18) they can come and go like they want, any time.

Your option would be to evict them or not let them move in to start with.