How do I evict my 50 year old son who pays me nothing?

UPDATED: Sep 30, 2022

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How do I evict my 50 year old son who pays me nothing?

I am looking to sell my home very soon as I need funds. How do I get my son out of my home. He is believed to be on drugs and is facing gun charges. He does not pay me anything for rent or utilities. I am currently not in the house and living with my granddaughter as my home is suffering from major damage. I don’t want to meet with him; I want him out of my home ASAP.

Asked on July 7, 2016 under Real Estate Law, District of Columbia


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

Answered 6 years ago | Contributor

Since your son is not payinganything, either rent or any form of rent (such as utilities, groceries, etc.), legally he is not considered to be a "tenant". That having been said, since (I assume) he was given permission to reside on the property at some point, he will be considered a guest or "licensee". Consequently, you will need to bring an action for what is called "ejectment". This is similar to an eviction but for a non-tenant. You'll still need to give a formal notice to vacate and if he refuses to leave, you will have follow all legal steps for an ejectment. If he still refuses to leave, then you'll need to file for the action, get a court order in your favor, and have the sheriff's officers, etc. remove him. For details, you should consult with a local lawyer who practices landlord-tenant law; thy can best advise you further. Also, you can also for information; virtully all states have websites that can intruct you on the process.

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.

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