Not logged in? Join one of the bigest Law Forums on the Internet! Join Now!   Latest blog post: Research Law Professors Before Choosing Law Schools

Advertisments:




Sponsor Links:

Discount Legal Forms
Discounted Legal Texts


How do you get your adult child to leave your home that is considered their primary residence?

Family Law Discussion Forum

How do you get your adult child to leave your home that is considered their primary residence?

Postby hurst » Thu Nov 24, 2011 8:01 pm

this pertains to the state of Massachusetts and a law enforcement officer told me that I needed to give my child (18) an eviction notice? This child is refusing to leave and since their mail is sent here it is considered their primary residence. They pay for nothing....and are causing major chaos in the family.
hurst
 
Posts: 17
Joined: Thu Mar 31, 2011 2:03 pm
Top

How do you get your adult child to leave your home that is considered their primary residence?

Postby hob97 » Thu Nov 24, 2011 8:06 pm

Yes, you must evict them. it is a shame you cannot just convince them to either straighten up or leave voluntarily, but unless you want to get sued, you should follow legal channels.

It might do this kid some good. They obviously do not think you will go through with it.

Once you get the eviction order, the same deputy that told you that you need it will help you serve it.

What freedom fighter said is what you do NOT want to do. In many states, if you put someone out on your own, and any of their stuff gets damaged or lost, you will owe them up to THREE TIMES its value.
hob97
 
Posts: 23
Joined: Fri Apr 01, 2011 8:59 pm
Top

How do you get your adult child to leave your home that is considered their primary residence?

Postby zacchaeus21 » Thu Nov 24, 2011 8:12 pm

If they don't pay rent then the law is you do not have to give them any formal notice. You can pack up their things and lock them out of the house. It doesn't matter if their mailing address is your home. Tell them to get a job or they are out by the end of the week and change the locks to your house and put their stuff outside. Wait until after the hurricane on sunday though.

If they won't leave you can call the police and tell them you have a person in your home that does not pay rent, is an adult, and refuses to leave.

Legal notices of eviction are ONLY required when the person pays you rent. If they pay no bills they have no rights in your home as an adult. Seriously.
zacchaeus21
 
Posts: 17
Joined: Thu Mar 31, 2011 1:24 pm
Top

How do you get your adult child to leave your home that is considered their primary residence?

Postby hwistlere31 » Thu Nov 24, 2011 8:22 pm

1) it is a long process if the child is uncoopreative.

2) 30 day notice of eviction without cause. mailed to residence 1 sent regular mail 1 sent delivery reciept

3) File motion for eviction in county court. Motion is filed, court date is set.

4) Judge gives another 30 days from court hearing.

5) day 31 go back to court for ex parte order of forcible eviction.

6) Take order to Sheriffs office and file it. There will be a charge to you for this. A deputy serves notice in person and gives 24 hours to leave.

7) Deputy comes back in 72 hours, handcuffs the fool and arrests him/her for tresspassing and litrrally throws all his/her stuff in the front yard.

8) Then you rekey all the entrance locks.
hwistlere31
 
Posts: 15
Joined: Fri Apr 01, 2011 6:45 am
Top

How do you get your adult child to leave your home that is considered their primary residence?

Postby gofraidh34 » Thu Nov 24, 2011 8:27 pm

Kick your child out. He/she has to learn to live on their own. I've never heard of having to provide an eviction notice to kick your kid out of your house. Go and get the eviction notice if you have to. Make your child pay for it too. Go in their room and sell their stuff. Have a yard sale. You probably paid for that stuff anyway - maybe make sure that whatever you sell, you did pay for. Change all the locks on the doors. Have him/her arrested for breaking in. Pack all their stuff and set it outside. Cut them off from everything. Take their phone away or computer, tv or anything. Make their life absolutely miserable. Or maybe try this - kill them with kindness while asking them to please leave. Explain to them that this isn't healthy, that you don't want to fight with them anymore, you wish you could have a better relationship with them. Tell them you think it would even be easier on them if they left because he/she wouldn't have to put up with you. Tell them, you'd pay them a lil bit of cash to start them off if they left.
gofraidh34
 
Posts: 20
Joined: Fri Apr 01, 2011 1:39 am
Top

How do you get your adult child to leave your home that is considered their primary residence?

Postby muata2 » Thu Nov 24, 2011 8:38 pm

You serve them with a written eviction notice. After the set amount of days, you can have them and their property physically removed from the premises.

You are under no legal obligation to wait for them to get a job or find somewhere else to live, so don't let them tell you otherwise.

Draft up the notice, make a copy for yourself. Both copies notarized and dated.
muata2
 
Posts: 23
Joined: Sat Apr 02, 2011 7:52 am
Top

How do you get your adult child to leave your home that is considered their primary residence?

Postby troyes » Thu Nov 24, 2011 8:45 pm

Wow, barely past legal & booting him out? What type of major chaos are we talking about? You could put his stuff out & change the locks... cruel, huh, but so is an eviction notice... I don't know the law but that seems hardly believable... I'd look into trying to help him find other residency with another family member or someone else that may be able to help him out. They may not have the same issues with him living there... they may have better luck.... Can you & others afford to help him pay for his own studio or something? After all these years of rearing him, you just gonna put him on the streets? Do you know his friends? Could you call any of them asking them if they have a room & how much it would cost? Ask them to help you try it as a trial to help your son.
Prayers!
troyes
 
Posts: 12
Joined: Sat Apr 02, 2011 10:59 am
Top

How do you get your adult child to leave your home that is considered their primary residence?

Postby andor25 » Thu Nov 24, 2011 8:51 pm

Sounds like you have your answer, send the child an eviction notice...then have the Sheriff come and escort them out....

If the child doesn't have a job, you can expect them to wind up homeless or begging off friends and other family members, but if you can stomach that, do what you have to do.
andor25
 
Posts: 20
Joined: Sat Apr 02, 2011 8:46 am
Top

How do you get your adult child to leave your home that is considered their primary residence?

Postby ammi » Thu Nov 24, 2011 9:04 pm

Here's a link for eviction.
http://www.malegislature.gov/Laws/GeneralLaws/PartIII/TitleIII/Chapter239
ammi
 
Posts: 16
Joined: Sat Apr 02, 2011 8:38 am
Top

How do you get your adult child to leave your home that is considered their primary residence?

Postby jocheved » Thu Nov 24, 2011 9:09 pm

Take all their mail and return to sender, throw their stuff out the door, then hire 5 burly bikers to give him an offer he can't refuse.
jocheved
 
Posts: 22
Joined: Sat Apr 02, 2011 11:07 am
Top

Next

Return to Family Law

 


  • Related topics
    Replies
    Views
    Last post