How do we eject our 25 year old son?

We have a son who refuses to vacate our home. He does not, and never has, paid rent or in any other way contributed to the household. He has been told that he is no longer welcome here. The police won’t remove him because they think he might have residence rights. He has threatened harm, destroyed property and will not leave. The county clerk gave me a packet of

Asked on May 31, 2016 under Real Estate Law, Kentucky


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Since your son does not pay rent or any form of rent, he is not a formal tennt. That having been said, being that he was given permission to reside on the proerty, he will be considered a guest or "licensee". Accordingly, you will need to go through bring an action for "ejectment". This is like an eviction but for a non-tenant. You will still need to give formal notice to vacate. If he refuses to leave, then you'll need to file for the action, get a court order in your favor, and then have the sheriff's officers, etc. remove your son. For more specifics, you really should consult with an attorney who practices landlord-tenant law in your area. They can vest advise you further. 

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