How can I evict my 26 year old daughter?

She doed nothing around the house. All she does do is to disrespect me and my parapalegic husband. We can’t live with her anymore. She says that I can’t evict her and holds this over our heads. Can we legally evict her?

Asked on December 23, 2012 under Real Estate Law, Maryland


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, you can legally evict her. If she is not paying rent and does not have a lease, she is a guest, not a tenant; a guest may be asked to leave at any time by the lawful occupants (the owners of the house, if the owners live there; or the actual tenants, if the people living there rent from another). If she will not leave after you ask her to, you would file what's called an "ejectment action" to get her out. Ejectment is essentially eviction for non-tenants; an ejectment action is slightly more complex and formal than an eviction action, so while you could do this yourself, you'd be well advised to retain an attorney to help you--the attorney could also act as something of a buffer between you and your daughter.

But to reiterate: a guest has no right to stay when the owners or lawful renters want her out, and there is no law requiring parents to take in and provide housing for an adult child.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.