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Can my parents kick me out of the house as an 18 year old in California, when I'm still in high school?

San Clemente, CA |

My Biological parents are kicking me out. They gave me notice a while ago, telling me that as soon as I turned 18, they would be done with me. I've never had the best relationship with my parents, and I get into trouble sometimes (nothing major, just things like skipping school). However, recently, I've been dedicated to staying in school, and finishing all of my credits. I'm really behind, and will have to complete an additional year of high school so that I may finish.

Anyway, I'm turning 18 tomorrow, and they want me out by Saturday. I will literally be homeless if they kick me out. I have no place to stay at all; all I own are a few t-shirts, a blanket, a pair of pants, and a pair of shorts. My parents aren't giving me anything to support myself. Is this legal? I'm out of options.

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Filed under: Landlord or tenant
Attorney answers 2


I have to admit this has never come up before in my 30 years of involvement with the legal profession. I have to wonder what "options" you are "out of." (Waiting until the last minute-- "I'm turning 18 tomorrow" --seems to indicate a possible tendency to put things off.)

if there is a counselor at the high school talk to them. If you are really trying to turn your life around someone will help.If you are a major problem child... you may be less fortunate.

Good luck.


I agree with the previous responder that this question is unusual. An unusual situation sometimes requires an unusual response. To that end - and this is outside of my expertise as an attorney - it occurs to me after you reach the age of majority and you are no longer a minor, the law most probably would view you as tenant residing in your parents home. If so, you would be entitled to all of the rights of a tenant under the law.

By this I mean that if you refused to leave upon request, your parents most likely will need to properly and legally evict you from the residence. While this is obviously not a long term solution for you, allowing the eviction process to proceed will buy you some number of months to prepare for a move, rather than be on the street this Saturday. You may want to consult with an attorney who specializes in Landlord/Tenant or Unlawful Detainer to get more information, but it seems like you have nothing to lose, so demand to be evicted.

Good luck.