What are the steps to evict an adult child from my home?

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What are the steps to evict an adult child from my home?

My 20 year old son left college before the completion of his second semester as a freshman. He he moved back in with me with no written lease with the verbal understanding that he would be helping with the housework, paying the internet bill, ($50/month), and generally being less being to other family members then he was before he left. Well, that has not come to fruition and I may need to have him removed, evicted, etc. What would be the process in WI?

Asked on July 18, 2011 under Real Estate Law, Wisconsin

Answers:

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

Answered 1 year ago | Contributor

If your son paid rent he would be considered to be a tenant. However, since he hasn't paid any rent, 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 (typically an occupant for a month or more). Since permission has now been revoked the lawful way to remove him from the premises is to serve him with a notice to quit (30 days is the norm).  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.

 

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 them you could find yourself on the receiving end of a civil suit for unlawful eviction. So don't be tempted to try self-help measures such as changing the locks or removing his belongings from your home.

Related articleLegal Removal of Unwanted House Guests


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