What Steps Parents Must Take to Evict Adult Children

Learn the crucial steps parents must take to evict adult children while navigating the emotional and legal challenges involved.

What Steps Parents Must Take to Evict Adult Children

Many parents never imagine a day when they would need to evict their own adult child from the family home. The situation often begins with good intentions, such as helping a son or daughter get back on their feet after school, a job loss, or a personal setback.

Over time, however, boundaries can blur, conflicts can escalate, and the living arrangement may become unhealthy for everyone involved. In these moments, understanding the eviction of adult children becomes a necessary step toward protecting your household, finances, and peace of mind.

Evicting an adult child is not just an emotional decision; it is also a legal process. Parents are often surprised to learn that once a child turns 18 and has established residency, they may have tenant rights similar to any other renter. Ignoring those rights or trying to force a child out without following the law can result in legal consequences.

Determine the Legal Status of Your Adult Child

The first step is identifying whether your adult child is legally considered a tenant. In many states, an adult child who has lived in the home for a certain period, receives mail there, or contributes to household expenses may qualify as a tenant, even without a written lease.

If your child pays rent or helps cover utilities, the law may treat them as a month-to-month tenant. If they do not pay rent, they may still be considered a tenant-at-will. Knowing this distinction is crucial because it determines the type of notice you must provide and the eviction process you must follow.

Review State and Local Eviction Laws

Eviction laws vary by state and sometimes even by city. Parents should research local landlord-tenant laws or consult an attorney to understand their legal obligations. Many states require landlords, including parents, to provide written notice before eviction.

The notice period often ranges from 30 to 60 days, depending on local regulations and whether rent is involved. Failing to give proper notice can invalidate the eviction and force parents to start the process all over again.

Provide Written Notice to Vacate

Once you understand the legal requirements, the next step is issuing a formal written notice to vacate. This document should clearly state that the living arrangement is ending and provide a specific move-out date. Even if the conversation has already happened verbally, written notice is essential for legal documentation.

The notice should be delivered according to state law, which may require personal delivery, certified mail, or posting the notice on the property. Keeping copies of all correspondence is highly recommended.

Avoid Illegal Eviction Tactics

It can be tempting to change the locks, shut off utilities, or remove personal belongings to force an adult child to leave. However, these actions are considered “self-help evictions” and are illegal in most states.

Engaging in these tactics can lead to fines, lawsuits, or court orders requiring you to restore access to the home. No matter how difficult the situation becomes, it is important to follow the legal process to protect yourself from liability.

File for Formal Eviction if Necessary

If your adult child refuses to leave after the notice period expires, the next step is filing an eviction lawsuit, often called an unlawful detainer action. This involves submitting paperwork to the local court and paying a filing fee.

A judge will review the case and may schedule a hearing where both parties can present their side. If the court rules in your favor, it will issue an eviction order, allowing law enforcement to enforce the removal if necessary. While this step can be emotionally challenging, it ensures the eviction is handled legally and safely.

Consider Mediation or Counseling

Before or during the eviction process, mediation can sometimes help resolve conflicts without court involvement. A neutral third party can help facilitate communication, establish boundaries, or create a move-out plan that works for both sides.

Family counseling may also be helpful, especially when emotions run high. While mediation does not replace legal steps, it can reduce tension and preserve family relationships when possible.

Protect Your Emotional and Financial Well-Being

Evicting an adult child can take a significant emotional toll. Parents may experience guilt, stress, or anxiety throughout the process. Seeking support from trusted friends, counselors, or legal professionals can make the experience more manageable.

It is also important to consider financial protection. Document missed rent, property damage, or unpaid bills, as this information may be relevant in court or future claims.

Key Takeaways

• Adult children may have tenant rights even without a formal lease.
• Evicting an adult child requires following state and local eviction laws.
• Written notice to vacate is a critical and legally required step.
• Self-help evictions, such as changing locks or shutting off utilities, are usually illegal.
• Court involvement may be necessary if the adult child refuses to leave.
• Mediation and counseling can sometimes reduce conflict and preserve relationships.