Evict adult child

[jroach]

My 18-year-old son is a high school dropout, has no job, no driver's license, doesn't help around the house, doesn't pay a dime to live here. As a matter of fact, he has been stealing from me and treats me with total disrespect. I even put a lock on my bedroom door yet he still gets in.

Do I have to go through the same procedures to get him out as I would a tenant in a rental property? He has only lived with me in the capacity of being my child, not a tenant.

If anyone can please help so I know where to start? I've made several phone calls and it's been difficult to find any answers. I'm willing to do whatever it takes, I just can't find anyone who can tell me what it is I need to do.

(On top of all of this, he "challenged" me 2 nights ago, saying that it will take me more time and money to evict him than I'm willing to give. He's got a huge ego and attitude problem and, knowing him as I do, won't leave unless he is forced to do so.)

 

[Gail_in_Georgia]

Have you considered filing criminal charges against him for stealing from you?

The police will generally not step in in civil cases (i.e., an eviction) without a court order granted such a judgement.

However, I once kicked my oldest son out of the house with the help of the police after he made "terroristic" threats to me. The police wanted me to file charges against him; I couldn't do that. I just wanted him out.

The presence of two large cops helped him "move along" although I was told if he wanted to come back there was nothing I could do without a court order granting an eviction. Of course he didn't know this.

Has your son made verbal threats against you?

Gail

 

[army judge]

If he's abusing you, that constitutes domestic violence.

Call "911" and report the abuse to the police.

Then seek an order of protection.

His arrest will be his removal.

After he's gone, change the locks and don't allow him to return.

 

[jroach]

Thank you both for your replies. I wanted to give an update. I decided after I posted to just call my attorney. For $400 (including all filing fees) he will be out in 30 days or less. Now it's just working up the courage (which is hard to do as a mother) to give the attorney the go-ahead.

He has threatened me physically. He has stolen from me. Unfortunately at this point, it's his word against mine. I don't have any proof. It's sad to say that I almost wish he would do it again and I wouldn't hesitate to call the police and have him arrested. I'm afraid jail is the only thing that will open his eyes.

He is such an intelligent young man, but with no common sense. Rationally I know that I have done everything I can. As a mom, I tend to doubt myself and it hurts tremendously. I don't know what to do anymore but I know that my younger son and I deserve more peace in our lives than what we've been getting.

Thanks, again.

 

[army judge]

Thank you both for your replies. I wanted to give an update. I decided after I posted to just call my attorney. For $400 (including all filing fees) he will be out in 30 days or less. Now it's just working up the courage (which is hard to do as a mother) to give the attorney the go-ahead.

He has threatened me physically. He has stolen from me. Unfortunately at this point, it's his word against mine. I don't have any proof. It's sad to say that I almost wish he would do it again and I wouldn't hesitate to call the police and have him arrested. I'm afraid jail is the only thing that will open his eyes.

He is such an intelligent young man, but with no common sense. Rationally I know that I have done everything I can. As a mom, I tend to doubt myself and it hurts tremendously. I don't know what to do anymore but I know that my younger son and I deserve more peace in our lives than what we've been getting.

Thanks, again.

This takes a great deal of courage.

But, it is about the younger sibling, now.

If you want to save him, you must get the adult out of your home.

One bad apple will spoil the whole bushel.

You also must think of your safety.

He's attacked you in the past.

He's a batterer.

Most batterers don't stop without help.

If it worries you, offer to pay his first month's rent a Value Place or other fully equipped living accommodation.

Here's their website.

http://www.valueplace.com/

They come fully equipped, and cost around $180/week.

 

[jharris352]

I would agree with Army. If he is physically threatening you, go to your local court and get a domestic restraining order. When it is issued, they will come to the house and tell him to leave. If he is found within 500 yrd (depending on the jurisdiction) of you or the house he will be arrested. End of story. Cost $0.

***

Besides, if you have him evicted the Sheriff will have to serve him, you will have to live in a very uncomfortable house for the 7 days he has to answer and if he answers you will have another period till the hearing and another period until the eviction. Once evicted all you can do is have someone move his stuff to your curb.

Go to the police station, talk to the officer on duty. Make a police report about him being physically abusive and they will go arrest him. While he is out, get a restraining order. They will serve it on him in jail. If he shows up at your house again, the boys in blue won't be very nice the second time.

Don't evict him; arrest him and restrain him. Good luck.