How do I go about evictng my adult child?

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How do I go about evictng my adult child?

She has been in legal trouble, steals and lies. We cannot be taken advantage of anymore and need her out.

Asked on April 6, 2011 under Real Estate Law, New York

Answers:

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

Answered 10 years ago | Contributor

If your daughter has not paid you any form of rent (including food or utilities), then in the eyes of the law she will be considered to be "licensee:.  That is someone who is in occupancy (i.e.living on the premises) with the owner's permission.  When such permission is revoked, the legal way to remove a licensee is by giving notice (in NY I believe in such a situation it can be for as little as 10 days; but give 30 to be sure).

If your child does not leave at the end of that time you will need to file for an "unlawful detainer" (i.e. eviction).  Once it is granted by the court, the sheriff can remove physically remove her if necessary.  In the meantime, do not perform any "self-help measures " such as removing her things or locking her out.  That would be illegal.

Note:  If she is putting you in fear for your safety, you can obtain an order of protection to have her removed.  Speak to local law enforcement about this; they can best advise specifically about about how to get one.  Under certain circumstances, the police may remove her immediately if you are in imment peril (but you did not indicate that to be the case).

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you own your home and she is not a tenant (i.e. not paying rent, no rent agreement) and just simply living with you, then you need to simply ask her to leave. If you feel violence could occur, many police stations offer a civil escort that you can ask them to come over and give her an escort to get her out of the house (some time while you are there and while the police are there so she can pack and then leave). If she is a co-tenant with you in an apartment you live in, you really cannot evict her, that would be up to the landlord and most likely you would be evicted, as well. If she is stealing from you and she is over 18, have you considered contacting the police to file charges and ask she be arrested for anything she has stolen from you? That may be one route. Another route is to give her a contract, and give her so many days to leave and if she doesn't leave by a certain date, you can then try to seek an eviction through landlord tenant court.


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