My 28 yo daughter, who has a job, has been repeatedly asked to leave, but has refused to do so. Since she has lived at home she has not contributed in any form to the household. She has a bad disposition, immense disrespect, no respect of privacy and a violent temper. There is no lease or rental agreement or anything that gives her permission to stay. I have wanted her gone for a long time. I did not want to put her on the street, but now I do not care. I want her out of my house now.
The short and safe answer is provide your daughter thirty (30) days written notice that any month-to-month tenancy that may have been created is terminated and should she holdover and stay beyond that notice period you will seek a detainer warrant. She should surrender her key(s) to you (surrender possession) when she leaves. If you are certain she provides no financial support or payments, directly or indirectly, then you may be able to lower it down to fourteen (14) days notice before proceeding with the Detainer Warrant.
That is the safe answer. You don't state whether you are actually the owner of your home, if you are a tenant paying rent, or if you are a guest yourself. You also do not mention if she has any ownership interest in the property which would possibly inhibit your ability to bring a detainer action against your daughter. All of this factors into a detailed answer.
If the child contributes monetarily in any way, directly or indirectly, the child may be able to argue they provide rent (payments made pursuant to an oral rental agreement TCA 66-28-104(12)) and that acceptance of "rent" without reservation by you as landlord binds the two of you to a month-to-month tenancy.
However, "in the absence of a lease agreement, the tenant shall pay the reasonable value for the use and occupancy of the dwelling unit" (TCA 66-28-201(b)). Just because she may have made a very small contribution, it doesn't necessarily mean it was the required reasonable value. So there may be an argument that a relatively small payment, directly or indirectly, is not sufficient to qualify as rent.
Also, any person taking possession without payment of rent and failing to enter into a rental agreement (signed or written) are deemed to be trespassers and may be evicted fortwith (immediately.) TCA 66-28-202. While it may or not technically be correct that the adult non-paying/contributing child is merely a guest and becomes a trespasser once asked to leave... Sheriff departments, from my experience, will ask that you still go through the eviction process. If you think about it, to say that at any moment with or without cause, at any time of day or night, regardless of weather conditions, and without any notice... a parent could ask the sheriffs department to remove an adult-child and their belongings from a house onto the street would be cause for concern.
Taking the safest course of action by providing written notice and subsequently proceeding with a detainer warrant may be advisable because if a court determined you unlawfully ousted or removed a tenant, then the Court can reward both attorney fees and punitive damages to the other side which can be costly.
*This response assumes you are in Hamilton County by which the TURLTA is applicable. Consult an attorney if you feel your legal rights are being threatened or need help with a specific case.*
Any information provided is intended for general informational purposes only. This is NOT legal advice, and no attorney/client relationship has been created. The circumstances of every case are different and need to be dealt with on a case-by-case basis. This is not a substitute for the advice of a lawyer. Also, the law may change and may be different from jurisdiction to jurisdiction.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline