Can I ask the police to get my son out of the house?

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Can I ask the police to get my son out of the house?

My drug addict son normally does not live with me but came home 2 weeks ago and I’ve given him an ultimatum to move out in 3 days. Are there any laws that say he has a right to stay there? I’ve heard that there is a residency law but can’t find it. I don’t think he’s going willingly and I’m a single mom that is a bit intimidated by him. Should I ask for police assistance?

Asked on January 4, 2012 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If he is an adult, you should be able to require him to leave--the law does not require parents to allow adult children to live with them. If he is not paying rent and does not have a lease, he is a guest, not a tenant--you may ask him to leave an any time, and, if  he will not, the police should help you. If he is paying rent or has a lease, he is a tenant, and you have to evict him through a court proceeding. Note that if the police refuse to help you in evicting a non-tenant family member--and sometimes they do, even though  they are supposed to help; they often incorrectly consider it a matter that requires court adjudication, like a landlord-tenant matter--you would then file an eviction proceeding to begin that process.


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