How to legally evict my 21 year old son and his girlfriend?

UPDATED: Jun 26, 2015

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How to legally evict my 21 year old son and his girlfriend?

We have no lease or written agreement and he does not pay rent. He has verbally told me they will pay rent but they have been here for 3 months and gave me a fraction of what he said the first month.

Asked on June 26, 2015 under Real Estate Law, Louisiana


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

Answered 7 years ago | Contributor

From what I'm reading it appears that he is suppossed to rent, although never does. In this case, your son and his girlfriend will deemed to be "tenants". Consequently, you will need to follow the steps for a legal�eviction.�Since they do not have a written lease, they have what is known as a month-to-month tenancy. Accordingly, in LA, a 10 day�"Notice to Quit"�must be given. If they fail to leave by the date specified in the notice, then you will need to file an "Unlawful Detainer" action (i.e. eviction lawsuit) in court. If successful the judge will�issue to you�a "Writ of Possession". Your son and his girlfriend�will then either have to vacate your home or, if the still refuse,�you can have the sheriff remove them.�

In the meantime do not undertake any "self-help" remedies such as changing the locks, removing�their belongings, etc.�If you do, they couls sue you for unlawful eviction. At this point you should consult directly with an attorney who specializes in landlord-tenant cases; they can best advise you on the requisite procedures under specific state law.

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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