How Can I Evict My Adult Child From My Home?

Your rights stem from landlord‑tenant statutes, any written occupancy agreement, and ownership of the property. If the adult child lives there as a tenant - paying rent, receiving a key, or staying month‑to‑month - you can terminate the tenancy under the same rules that apply to any renter.

Notice periods differ widely: some jurisdictions require as little as 7 days, others up to 60 days, and many use a 30‑day benchmark only as a guideline. Verify the exact timeframe in your local code before sending a written notice, and avoid self‑help tactics like lock changes or utility shutoffs, which most statutes forbid. Professional advice from an attorney or legal‑aid service ensures the eviction process stays lawful; the next section walks through the notice step by step.

Eviction without a written lease is possible, but the adult child's tenancy still counts as a month‑to‑month arrangement that's protected by landlord‑tenant law, so a formal legal process - not a front‑door warning - must be followed. Notice periods differ by jurisdiction, ranging from a week to two months; checking the exact requirement in the relevant state statutes is essential before proceeding.

• Deliver a written notice that meets the jurisdiction's minimum days, states the intent to terminate tenancy, and includes the move‑out deadline.
• Include the adult child's name, the property address, and a clear statement that the notice satisfies local legal standards.
• Serve the notice according to local rules (personal delivery, certified mail, or posting).
• If the adult child remains after the deadline, file an unlawful detainer action in the appropriate court.
• Attend the hearing, present proof of notice and any lease‑like agreements, then obtain a writ of possession if the judge rules in your favor.
• Hand the writ to law enforcement; self‑help measures such as changing locks or shutting off utilities are prohibited.

Consult a local attorney or housing agency to verify each step aligns with the specific jurisdiction's statutes.

Before filing an eviction, explore gentler alternatives that often keep the adult child in the home while defusing tension.

• Mediate through a neutral third party; a professional mediator can help both sides articulate expectations and reach a mutually agreeable timeline (see mediator directory for family disputes).
• Hold a structured family meeting; set clear boundaries, write down agreed‑upon chores, and outline consequences if the plan fails.
• Offer financial coaching; connect the adult child with budgeting resources to increase self‑sufficiency and reduce reliance on the household.
• Arrange temporary relocation assistance; research community housing grants or short‑term rentals that give breathing room without triggering the eviction process.
• Encourage professional counseling; therapy can address underlying conflict and improve communication, making the written notice step later less contentious.

A properly drafted written notice kick‑starts the eviction process against an adult child. Follow these exact steps to meet any jurisdiction's minimum requirements and protect your rights.

1. Identify the legal relationship - tenant‑like arrangement, month‑to‑month lease, or informal occupancy - and confirm that the adult child qualifies as a tenant under local statutes.
2. State the purpose clearly: a demand for vacating the premises, referencing the specific breach (non‑payment, violation of house rules, etc.).
3. Specify the move‑out deadline, adhering to the notice period required in your jurisdiction (typically 30 days, but check state law).
4. Set the notice format according to local rules; many jurisdictions require a printed document with your signature and the adult child's name.
5. Choose a delivery method that provides proof - certified mail with return receipt, hand‑delivery with a witnessed signing, or both.
6. Send the notice, attaching a copy of any relevant lease clauses or prior communications, and keep the postage receipt or signed acknowledgment.
7. Retain the original notice and delivery proof in a safe place; they become essential evidence if the eviction proceeds to court (see 'navigate court filings smoothly' later).

Consult a local attorney or legal‑aid organization to verify that each element satisfies your jurisdiction's rules, such as state eviction notice requirements.

Evictions of adult children most commonly stall because of paperwork errors, timing mismatches, jurisdictional nuances, unclear tenancy status, and insufficient evidence. Addressing these five pitfalls early keeps the process on track toward filing.

• Ignoring the precise notice format required in your jurisdiction - missing signatures, wrong delivery method, or incorrect headings - nullifies the notice (see the 'give written notice step‑by‑step' section).
• Selecting a notice period that conflicts with state rules - some jurisdictions permit as few as 7 days, others mandate up to 60 - allows the adult child to claim premature eviction.
• Failing to certify whether the adult child is a month‑to‑month tenant or a licensee creates ambiguity that courts reject.
• Skipping documentation of prior informal resolutions - mediation attempts, written agreements, or family counseling - provides grounds to argue lack of good‑faith effort.
• Overlooking concrete proof of lease violations or unpaid obligations - bills, emails, photographs - leaves the case vulnerable to dismissal.

If the adult child refuses to leave after the written notice expires, the next move is filing a formal eviction suit in the appropriate jurisdiction. Courts treat the situation like any other tenancy dispute, so the landlord‑type party must submit the notice copy, proof of service, and a declaration that the resident remains unlawfully in the home. The filing fee and required forms vary state‑by‑state; some locales demand a 7‑day complaint window, others allow up to 60 days before a hearing.

Ignoring the notice simply shifts the battle from informal pressure to a legal timetable that cannot be sidestepped.

A judge's order - once granted - authorizes the sheriff or constable to remove the adult child and return possession to the property owner. Until that order is secured, the homeowner cannot change locks or forcibly eject the occupant without risking assault claims. Because the eviction process hinges on local statutes, consulting an attorney or the county clerk ensures compliance and prevents costly missteps that could invalidate the case.

File the eviction paperwork correctly to keep the eviction process moving.

First, collect the lease‑type agreement (even an informal one), the written notice, and any payment records. Then submit the core filings to the appropriate court: • a complaint naming the adult child, • a summons that triggers a response, and • certified proof that the written notice was delivered.

Most jurisdictions demand the answer within 5‑10 business days, not the 20‑30‑day window seen in ordinary civil cases (check local rules or consult an attorney to avoid a missed deadline).

After filing, the clerk will assign a hearing date; bring the original notice, payment logs, and a copy of the complaint. Present these documents calmly, and let the judge verify that the written notice complied with the jurisdiction's requirements before deciding whether to grant possession.

When an adult child's addiction surfaces, the eviction process hinges on whether the condition qualifies as a protected disability. The Americans with Disabilities Act safeguards individuals who are in recovery from drug addiction, but it does not extend protection to ongoing illegal drug use (see ADA guidelines). Verify the adult child's status before initiating the interactive‑accommodation dialogue; absent a protected disability, the standard notice and court timelines apply unchanged.

Consider a scenario where the adult child has entered a certified rehabilitation program. The landlord must engage in the interactive process, possibly extending the move‑out deadline or allowing temporary modifications to the living arrangement. Contrast that with a case of active, illicit substance use - no ADA accommodation is required, and the landlord proceeds with the regular eviction steps outlined earlier. (Because the law is clear, no creative reinterpretation is needed.)

Police step in only for safety emergencies or when a court‑issued eviction order is in hand. Anything less risks violating the adult child's rights and can backfire on the eviction process.

• Call 911 if the adult child threatens violence, commits assault, or causes destructive property damage.
• Present the written notice and any signed judgment to the responding officer; they cannot enforce removal without a court order.
• Ask the officer to record the incident and obtain a copy of the police report for later court filing.
• Refrain from requesting police to 'kick out' the adult child without legal authority; such actions may be deemed unlawful eviction.
• Remain calm, answer only factual questions, and let the officer handle the situation while you follow up with your attorney.

Having law enforcement address the immediate threat clears the way to continue the eviction process and eventually reclaim the space, as outlined in the next section.

After the adult child exits, lock the door promptly and file any required notice with the jurisdiction to avoid alleged lock‑out violations, then sweep through the space, photograph walls, carpet and fixtures, and repair or replace damaged items before the next occupant moves in; stash remaining personal effects in a sealed container for the legally mandated holding period, labeling each box with dates and contents to simplify later return or disposal;

repurpose the room according to current needs - whether a home office, rental unit, or guest suite - while updating homeowners insurance, utility accounts, and mailing address to reflect the new use; finally, log the turnover in a written inventory and, if the eviction process involved court filings, attach the inventory to the case file to close the matter cleanly (as we covered in the notice and filing sections).