How to Legally Remove an Adult From a Home | Sapling

How to Legally Remove an Adult From a Home

Mar 11, 2011
2 minute read

Sometimes liking another person or even loving that person is not enough to make you compatible as housemates. Sharing living space requires mutual respect and a fair division of the work, financial responsibility and other aspects of the daily maintenance of your home. However, if you are considering legally removing another adult from your home, this probably isn't happening. Whether this person is your adult child or a family member, roommate or friend, it is always best to try and resolve issues so the person can remain in the home or at least amicably agree on a plan for the person moving out. When this fails, though, steps are available to legally remove an adult from a home.

Step 1

Evaluate your lease agreement or other documentation that states who owns or has a legal/financial obligation or right to live in the home. If the other adult shares your legal or financial obligation, such as a roommate whose name is on the lease, you may need to contact the property owner and allow him to handle the process of eviction — but be aware that you must demonstrate good reason for eviction. If he is not listed on the paperwork, you must handle the eviction yourself.

Step 2

Provide the adult person with a notice of eviction, giving him a specific timeframe to remove himself from the home. Usually this is 30 days if the person has lived with you for less than a year and 90 days if he has legally resided in the home for longer than a year. If you expect resistance or your notice to be ignored, it may be worthwhile to obtain a court order for the eviction. Your local county courthouse can advise you on what forms you may need to file and how long this will take.

Step 3

If the adult individual does not remove himself and his belongings from your home within the specified time frame, you should notify local law enforcement. Having been given proper notice, the adult is now considered to be trespassing, and the police can assist you in the physical removal of the individual.

Carolyn Kay Neeley

Carolyn Kay Neeley has been a professional writer and editor since 2003, with experience in medical and academic writing, resume writing and advertising. She has also authored craft and homemaking articles for various online publications.…

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