What are my options for kicking out an 18 year-old child once they’ve graduated?

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What are my options for kicking out an 18 year-old child once they’ve graduated?

My stepson is 18 and just graduated high school. He has been told several times that he needs to get a job but he does absolutely nothing. I know that I can tell him to leave my house, but what are my options if he refuses?

Asked on July 15, 2011 under Real Estate Law, Texas

Answers:

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

Answered 10 years ago | Contributor

I'm will assume that he doesn't pay any rent did not pay rent.  In such a case, the law in most states is that he will be considered to be a "licensee".  That is someone who entered and remained on the premises with permission (clearly a child qualifies).  Now that permission has been revoked the lawful way to remove him from the premises is to serve him with a notice to quit (this notice can range from 3-30 days, depending on the jurisdiction).  If he fails to leave at the end of that time you will have to go through a formal eviction (i.e. "unlawful detainer").  This means filing in court; once the court enters an order for him to vacate the property it will be enforced by the sheriff, using physical force if necessary.

What you need to do now is to speak with an attorney in your area.  They will advise you on the correct procedures for all of this.  If you fail to comply with these procedures you could find yourself on the receiving end of a lawsuit for unlawful eviction.


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