My adult child has become unbearable to handle. He is in his mid 20s and it has come to the point of domestic issues .
If he is not paying rent of any kind (whether cash or in-kind), then the legal process is called "unlawful detainer." You should tell him his welcome has worn out, that he needs to find a new place to live, and that if he is not moved out by (pick a date) then he will be removed from the property by legal process. When he doesn't move out, then you hire a lawyer to file the case and remove him from the property. He will figure out the rest on his own; part of growing up.
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Mr. Sudbury is correct and right, as well!
At common law the action was called ejectment, but by whatever term you call it, it is the method to remove unwanted non-paying squatters, which is what they are.
Find a good lawyer and move forward. and read King Lear!
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Your best here is to persuade him to leave - voluntarily - for HIS sake even more than yours. If you have to file 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 any sort of agreement where he was to pay rent or other compensation in order to stay, you would retain a good local landlord's attorney and evict him; if there was no such agreement, your lawyer will petition for "unlawful detainer."
Hope this helps.
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Your safety is the number one concern.
Make sure that you document the problems and begin the process of removing him right away.
The sooner you start, the sooner you will have him out.
Removal actions take an average of four weeks and when you are living in the same household as the person you are trying to remove, emotions can boil over and produce more dangers.
Report to law enforcement if necessary, especially if threats of bodily harm or death happen.
You may consider a temporary restraining order or trying for a permanent one if things get bad.
You may consider leaving your house if necessary to protect your life.
If the son has never had an agreement with you about rent in exchange for a place to live, then you may file for unlawful detainer after telling he must leave immediately or giving him a firm deadline like January 27th at noon. Better to put it in writing, but verbal counts, also.
Hire an attorney bc this is something that you don't want to get wrong.
Also, an attorney is a professional who can be a buffer between you and the family member you are trying to remove. We eviction attorneys have "seen it all", so don't let embarrassment stop you from hiring one of us. I had a client who removed his girlfriend twice from his house. He let her back in after the first removal. Once the sheriff comes and has the removal appointment with you to execute on the Writ of Possession at the end of the removal lawsuit, you should not let him back on the property for any reason. Even if you want to reconcile with him, remember to meet off the property so that he cannot establish a residence there again. Or you may find yourself having to file a second removal lawsuit down the road. Good luck! This will be hard, but stand firm because your safety and having your peaceful household are important.
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