I have a violent 22 year old son who is stressing me out, can he be removed at once?

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I have a violent 22 year old son who is stressing me out, can he be removed at once?

Are there any papers I can fill out to have him removed from my home at once?

Asked on April 13, 2012 under Real Estate Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Is your son renting or leasing from you (including without a written lease--i.e. is he paying rent)? If he is, he is a tenant, and could only be evicted as a tenant. That means he could only be evicted for nonpayment of rent, for violating his lease, for attacking or stealing from you, at the expiration of his lease, or if there is no written lease, on 30 days notice terminating his tenancy. And furthermore, you to go through the courts, with an eviction action, if he will not leave voluntarily. Since eviction actions are legal proceedings, you'd be best served by having a lawyer's assistance.

However, if he is not a tenant (not leasing from you) and also has no ownership interest in your home, he is simply a guest. A guest may only remain so long as the property owner or lawful tenant allows him to stay, and that permission may be withdrawn or revoked at any time. If he is staying there as you guest, you should be able to tell him to leave; if he doesn't, he becomes a trespasser and the police should make him leave.

Be aware, though, that even though the police should make a trespasser leave, if the trespasser has been living there for some time, and especially if he is a family member, they sometimes refuse to get involved. In those cases, they want the courts to determine whether he has to leave or instead has some right to stay.  In that instance, you'd need to file an action for ejectment. If it comes to that, you should get an attorney to help you.


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