What is the process for evicting an adult child?

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What is the process for evicting an adult child?

I am living rent-free with my mother and son. Her new Husband and I do not get along. He wants to kick us out.

Asked on August 7, 2010 under Real Estate Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Since you are living rent free, you are not a tenant and do not have any of the rights or protections tenants get. That means that the property owner(s) can ask you to leave at any time. They can serve a notice on you (often called a notice to quit) which gives you a certain number of days, usually around a week, to leave. If you don't then leave, they can go to court, file the proper papers, and look to get a an order (or warrant) of eviction (also called of removal). That order will give you another period of time, usually around 2 weeks, to leave. Since it also takes some time to file and serve the papers and get into court, the whole process is probably anywhere from 4 - 8 weeks. You have no right to stay in another's home, so once they begin the process, you will be evicted. If they mess up the paperwork, they may have to do some of it over and refile, which could buy you a little time, but eventually, they'll get you out.


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