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Leighmax15 · Dec 11, 2016, 11:41 AM

I live in tipton county, tn. Do I have to actually evict my 21 yr old son? I want him to move out and he won't. He does not pay rent or any other bills. He says I have to give him a 30 day notice and then take him to court. But I am not his landlord and get is not a tenant.

joypulv · Dec 11, 2016, 12:25 PM

This is from years ago:

"I also live in TN and my 20 yr old son won't move out....He went to police after we told him to move out and they said we had to let him in the house because of some woderful law stating that if someone has lived or resided in your home for 4 or more days they have established residency there, you have to go to court house and get 30 day eviction notice served on him......
The police officer I spoke to said I had to let him in so I said fine, I have removed his bedroom door and turned off his cable and internet, I might have to let him in but I don't have to pay for his utilities or extra living expenses."

In many locales, it takes more than 4 days to establish tenancy, such as receiving mail in your name, or 30 days, but in general the courts favor the adult relative. So your son, unfortunately, is right. Put the Notice to Vacate in writing on the house, hand him a copy, and try to have witnesses. It doesn't have to be in a special format. Be sure to date it and say that he has 30 days to vacate.
THEN go to the courthouse to get the eviction forms to have filled out by the end of the 30 days.

BUT if he breaks any laws in your home such as drugs, OR if he is violent toward any of you, then you can get a restraining order from the police station, and that is immediate, and you don't have to evict.

ScottGem · Dec 11, 2016, 04:54 PM

As noted while he is not a tenant he is a resident. And as such he has to be removed legally through the eviction process. He is probably banking on your not wanting to go through that process. But show him your resolve by giving him a Vacate notice. If he calls you out and doesn't leave in 30 days, then go to court for an eviction order. Once he realizes you mean business he will probably leave.