If my 18 year old decides to move out, do I have an obligation to evict them if I want to prevent them from accessing the home at will?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my 18 year old decides to move out, do I have an obligation to evict them if I want to prevent them from accessing the home at will?

Our 18 year old daughter left in anger to move in with boyfriend’s family. She returned with the police so she could enter the home and get some of her stuff. Most of her belongings are still her but the police said that she has a legal right to the home and had to be formally evicted if I want to get my house key back or prevent her from entering the house at will. What are my options/obligations to her. Can I change the locks, since she refuses to give back the key? Can I bag up her stuff and put in the garage or basement for her to pick up someday at our convenience?

Asked on April 27, 2012 under Real Estate Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Since your daughter is 18 years old and an adult who has moved out of your home as a presumed tenant (whether she was paying rent or not), it would be a wise idea to simply send her a 30 day notice of termination of her lease and keep a copy of it for future use and need.

Assuming she returns and clears out all of her belongings within the 30 day period, send her a confirming letter (keeping a copy of such) advising that she has formally moved out and then change the locks.

You can bag up her belongings and store such for her after the 30 days has elapsed for her to pick up later on. Do not dispose of such items yet. Give her time to retrieve them.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption