Can I legally kick my 19 year old son out of my house?

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Can I legally kick my 19 year old son out of my house?

My son is verbally abusive, disrespectful, abuses alcohol, pot and has now started taking pills. When he drinks he is very loud, very obnoxious, very rude, emotionally abuse and has destroyed my house. I have given him chance after chance to turn himself around, to no avail.

Asked on October 17, 2011 under Real Estate Law, Wisconsin

Answers:

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

Answered 12 years ago | Contributor

I will assume that your son doesn't pay rent or the like (food, utilities, etc). In such a case, in most states he will be considered to be a "licensee".  This means someone who entered and remained on the premises with the owner's permission (i.e. long term guest). Once this permission is revoked the legal way to remove him from is to serve him with a notice to quit (typically 30 days).  If he fails to leave at the end of the time specified, you will have to file and eviction lawsuit (known as an "unlawful detainer" action).  At this stage the police will be most probably refuse to get involved.  However, once a judge enters an order for him to vacate the property it will be enforced by a sheriff, using physical force if necessary.

What you need to do now is to speak directly with an attorney in your area that handles landlord-tenant cases. They will advise you on the correct procedures to follow. If you fail to comply with these procedures you could find yourself on the receiving end of a lawsuit for unlawful eviction.

Note:  If his abuse escalates, report it to the authoritites immediately. If you are put in fear for your physical safety, they will remove him immediately.


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 AttorneyPages.com 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.

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