How to get an adult son to move out of your house?

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How to get an adult son to move out of your house?

My mama has a moocher for a son and let him stay at her house. He has no job and she wants him out; it’s been 2 years and he’s 40 years old.

Asked on October 19, 2011 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your mother has a son still residing with her at age forty (40) and she wants him to move out of the premises, she needs to first have him served with a notice of eviction (typically a thirty day notice to leave). If he fails to vacate the premises after a period of thirty (30) days, your mother's recourse is to file an unlawful detainer action aginst him in the county court, have him served with the summons and complaint, and then have a hearing before the judge.

Most likely the court will then order him evicted by a certain date. If your brother refuses to voluntarily leave after the court order is issued, then your mother can have the sheriff physically remove him.

She should consult with a landlord tenant attorney about this siutation.

Good luck.


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