Can I Serve An Eviction Notice To My 18-Year-Old Child?

Whether you can legally evict an 18‑year‑old adult child hinges on how the state classifies the living arrangement. If a written lease, monthly rent, or clear landlord‑tenant agreement exists, most jurisdictions treat the youngster as a tenant and require the standard notice period - typically 30 days for a month‑to‑month tenancy or whatever the state mandates.

When no rent is charged and the arrangement resembles a license to stay, many states still demand a court‑ordered removal after a written notice, because a mere 'go pack your bags' notice does not confer eviction authority. California, for example, reserves the three‑day 'pay rent or quit' notice for tenants who owe rent; a rent‑free adult child does not trigger that form, and a landlord must file an unlawful detainer action to obtain a judgment. Even if the adult child refuses to leave after proper notice, the landlord cannot physically remove them - only a sheriff‑executed order can enforce the vacancy. Thus, before attempting any notice, check your state's statutes on adult occupants, draft a compliant written notice, and be prepared to pursue a court eviction if the 18‑year‑old does not vacate voluntarily.

State laws treat an 18‑year‑old adult child exactly like any other tenant; the landlord must follow the jurisdiction's regular eviction process, not a special 'family‑member' rule. Whether the lease is written or oral, the notice, court filing, and possible hearing obey the same statutes that apply to unrelated renters.

Many states require a 30‑day notice for a month‑to‑month tenancy, while a three‑day notice typically applies only to non‑payment of rent, not to lease breaches. Personal‑use evictions - such as a landlord reclaiming the unit for themselves or a close relative - still demand strict compliance with local just‑cause provisions and often a court order. Checking the exact language in your state's eviction code (for example, the state‑by‑state eviction guide) or consulting an attorney ensures the notice meets all legal requirements.

Turning 18 ends most parental legal authority; the child becomes an adult tenant with the same rights and responsibilities as any other renter. Parents no longer control housing decisions, can't sign a lease on the child's behalf, and lose any right to enter the unit without permission, unless a separate agreement grants it.

State laws sometimes extend limited financial duties past the birthday - some jurisdictions require child support until age 19 or until high‑school graduation (child support termination ages). Outside those narrow circumstances, parents cannot dictate rent payments, enforce curfews, or demand the child vacate without following the formal eviction process outlined in the next section. This shift transforms the relationship from parental oversight to landlord‑tenant law.

Evicting an 18‑year‑old can shred trust overnight; the adult child may interpret the notice as rejection rather than a rental issue, sparking guilt, anger, or lasting resentment. That emotional fallout often seeps into future interactions, turning simple check‑ins into tense confrontations. A sudden loss of home can also trigger anxiety or depression, especially if the young adult relies on the family for stability. (research shows family disputes amplify stress).

Holding back gives space for dialogue before the notice hits the mailbox, allowing both parties to explore alternatives without burning bridges. A calm conversation can surface hidden financial hurdles or misunderstandings, preserving the parent - child bond for the long run. As we covered above, state laws dictate the procedural steps, but they don't mandate an immediate eviction; the next section outlines non‑eviction ways to set boundaries.

Setting clear limits without serving an eviction notice works when parents and their 18‑year‑old adult child agree on expectations and consequences.

• Hold a calm family meeting, write expectations down, and ask the adult child to repeat them (as we covered above).
• Draft a written rent‑or‑chores contract; link payment or task completion to household privileges.
• Engage a neutral third‑party mediator; many states provide free family mediation services.
• Adjust house rules - curfew, guest policy, shared spaces - and enforce them consistently.
• Offer a realistic move‑out timeline plus practical help, such as job‑search resources or temporary storage.

Serving an eviction notice to an 18‑year‑old adult child follows the same procedural rules that apply to any adult tenant. Follow these five steps to keep the notice valid across the wide range of state laws.

1. Verify the required notice period. State statutes dictate whether a 3‑day, 30‑day, 60‑day, or longer notice applies, depending on the reason for eviction and tenancy type (see state eviction notice requirements).
2. Choose a permissible delivery method. Accepted methods usually include personal hand‑off, certified mail with return receipt, or a licensed process server; posting on the door is only allowed in a few jurisdictions and only after other attempts fail, so check local rules before using that option.
3. Draft a clear written notice. Include the adult child's name, rental address, specific reason, and the exact date by which they must vacate, using plain language and consistent terminology.
4. Document the service. Note the date, time, and method, and obtain a signature or mailing receipt; photographing the delivered notice adds extra proof.
5. Follow up if service is rejected. Send a second copy via certified mail with return receipt or hire a process server, then retain the proof for any future court filing.

A proper eviction notice for an 18‑year‑old adult child includes all legally required details in a clear, concise format.

• Title and date - 'Eviction Notice' at the top, followed by the issuance date.
• Identified parties - full names of the parent‑landlord and the adult child tenant, plus the rental address.
• Reason for termination - specific cause such as unpaid rent, breach of house rules, or end of a month‑to‑month tenancy.
• State‑required notice period - exact number of days mandated where you live (could be 3, 30, 60, etc.).
• Vacate deadline - calculated end date based on the notice period; written as 'You must vacate the premises by [date].'
• Return instructions - procedure for handing over keys, cleaning, and retrieving personal belongings.
• Signature line - parent's signature, printed name, and optional contact number for questions.

Because notice periods differ dramatically across jurisdictions, confirming the precise requirement with local statutes or an attorney prevents costly missteps. When no formal lease exists, a simple written agreement often satisfies the same purpose without invoking full landlord‑tenant law. The next step - handling refusal to leave - requires a different strategy, discussed in the following section.

Adult child refuses to leave? Court order becomes the only road forward. Eviction notice alone doesn't force out a 18‑year‑old who's decided to stay; a landlord‑tenant case must be filed, a hearing scheduled, and a writ of possession obtained. State laws dictate the exact timeline, but every jurisdiction bars lock changes, utility shut‑offs, or 'self‑help' evictions (that's illegal, no matter how tempting). As we covered in the '5 steps to serve notice properly,' the paperwork alone won't move a stubborn tenant.

Next move: file an unlawful detainer action in the appropriate court, then wait for the judge's decision. If the ruling favors you, a sheriff can physically remove the adult child and return the property to you. Some parents opt for mediation before the hearing to avoid courtroom drama (because drama is never free). Remember, pursuing unpaid rent through small‑claims court is separate from the possession issue. The process may feel bureaucratic, but it's the only lawful path when the 18‑year‑old won't budge (and that's why the system exists).

• Assume the adult child is a tenant or tenant‑at‑will - most states apply landlord‑tenant statutes even when no rent is paid, so a formal eviction notice and court filing are usually required (as we covered above). Skipping this step invites a dismissed case.
• Rely on the statutory notice period, not a gut feeling - many jurisdictions demand 30 days, some only 14 days; using an arbitrary shorter notice violates state law and can delay or invalidate the eviction. Verify the exact period for your state before sending anything.
• Skip informal 'family' language in the notice - describing the notice as a 'talk' or 'request' doesn't satisfy legal requirements; the document must meet the same format as any landlord‑tenant notice, including proper headings, service method, and deadline. Crafting it as a legal notice prevents the landlord‑tenant court from rejecting it for form.

Even if the 18‑year‑old adult child has been paying rent on time, an eviction can still proceed when another lease term is breached; the key is to serve the proper notice that reflects the specific violation and the jurisdiction's required timeframe. First, gather bank statements, receipts, or ledger entries that prove each payment, because the court will compare those records against any alleged breach. Then, draft a notice that cites the exact clause - such as unauthorized occupants, property damage, or repeated noise complaints - and attach the payment proof to demonstrate that non‑payment is not the issue.

Finally, deliver the notice following state‑specific rules (for example, many states require 30 days for a cause eviction, while California may demand 60 days for a no‑fault termination of a month‑to‑month tenancy). As we covered above, ignoring local statutes can invalidate the entire process, so a quick check with the state‑specific eviction notice requirements or an attorney is wise.

• Verify the lease's prohibited‑behavior clause.
• Compile proof of every rent payment made.
• Identify the breach that is not related to rent.
• Write a notice that names the breach, includes payment evidence, and states the required notice period for your state.
• Serve the notice by the method mandated locally (mail, personal delivery, posting).
• Retain a signed receipt or affidavit of service.
• Prepare documentation for a possible court hearing.

Here are three parents who actually served proper eviction notices and saw their 18‑year‑old adult children move out.

In California, Mark gave his son a 3‑day notice to pay rent or quit (California 3‑day pay‑or‑quit notice requirements); after the deadline lapsed he filed an unlawful detainer, won a judgment, then mailed the statutory 5‑day notice before the sheriff cleared the unit.

Texas mother Lisa obtained a possession order after her daughter refused to leave; the court's judgment took effect within days, so the sheriff executed the order without any mandated waiting period (Texas eviction procedure overview). New York father Raj filed a petition in Housing Court, served the required 14‑day notice of petition, and after the hearing secured a judgment that allowed a writ of possession to be issued (New York 14‑day notice of petition).

Each story shows that strict adherence to state‑specific notice rules - rather than a generic '30‑day' or 'ten‑day' wait - makes the difference between a stalled dispute and a legally enforceable exit. The next section explains when hiring an attorney becomes essential to avoid procedural missteps.

Getting a lawyer is wise when the eviction hinges on complex legal or financial issues that could affect your adult child's rights or your liability.

• State‑law nuances create disputes over notice periods, rent‑abatement, or habitability; an attorney can decode jurisdiction‑specific rules.
• The adult child contests the notice, files a counter‑claim, or threatens a lawsuit; professional representation prevents costly procedural missteps.
• Payment history includes irregular rent, utilities, or security‑deposit deductions that may trigger small‑claims arguments.
• The landlord‑tenant relationship involves joint tenancy, co‑ownership, or business‑entity structures demanding specialized counsel.
• Court deadlines approach and paperwork must be filed perfectly; a lawyer ensures compliance and avoids default judgments.

For low‑cost help, explore legal‑aid programs for eviction cases.