I have ask my Son [33 yrs old] to please leave, the Sheriff's office says I have to go through an eviction process which is very costly. Including lawyers fees and eviction fees.
Your best here is to persuade him to leave - voluntarily - for HIS sake even more than yours. If you have to file something in court, he will have a blemish of his public record that will make it difficult for him to rent elsewhere for a long, long time. This is a rather harsh result when all you really want him to do is leave.
Alas, if you can't persuade him to leave voluntarily, if you have an agreement where he was to pay rent to you, you should retain a good local landlord's attorney and evict him (no matter how much it costs - and it's not THAT expensive); if there was no such agreement, your lawyer will petition for "unlawful detainer." And recent changes to the UD statute allows one to seek rent for the time the property was detained.
There is less formal procedure, one that doesn't require the property owner to go to court - for "transient" occupants, and it only requires the right "facts" and an affidavit to establish the - but it's a fact-based application (grounded in how long the individual has been there, get mail there, have their driver's license address listed as there, have another residence, etc.) and it can be bit problematic to invoke in some jurisdictions; your lawyer will explain.
Hope this helps.
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You will have to follow the proper pre-lawsuit procedures and then file a lawsuit if your son won't leave voluntarily and the local law enforcement has determined that they cannot remove him without a Writ of Possession.
Depending on whether your son is a tenant or houseguest, you will have to revoke permission for him to be there or serve a notice that the tenancy is ending.
Please see a local real estate attorney or landlord / tenant lawyer and he/she should be able to handle the matter for you whether your son is a tenant or merely a house guest.
We cannot tell from your post whether your son is a tenant or house guest, so my advice is don't change the locks unless and until you speak with an attorney who is experienced in these matters and can guide you further.
This is not a do it yourself kind of thing. Good luck!
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