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head of the household
Legal question: how I kick my adult son out of the house? 1/25/2012 8:52AM Reply | Return to Index | Report Post
My 19 year old son lives with us and we want to kick him out due to unacceptable behavior and lifestyle. The police told me that because he lives here, I can't just kick him out on the spot. I tried to get an eviction notice, but I found out that I can't do that either because he's not a paying tenant. What the hell am I supposed to do? I can't find the answer anywhere.
captainoblivious
RE: Legal question: how I kick my adult son out of the house? 1/25/2012 8:59AM - in reply to head of the household Reply | Return to Index | Report Post
maybe you shouldn't have raised such a shithead in the first place or maybe you should reevaluate whether or not you're being an overbearing parent (unacceptable behavior and lifestyle?)...either way, i think all of us on the letsrun forum need more details before we'd think of helping you out...
Are you serious, or no?
RE: Legal question: how I kick my adult son out of the house? 1/25/2012 9:03AM - in reply to captainoblivious Reply | Return to Index | Report Post
He's 19. That's not really an adult. Unless he is doing hard drugs, cut him some slack. And if he is into hard drugs, maybe rehab or something of that nature would be more appropriate than sending him into the streets.

Distancing yourself from your 19 year old is not the answer for him. Maybe caring a little more about him is.
akdcnf
RE: Legal question: how I kick my adult son out of the house? 1/25/2012 9:08AM - in reply to head of the household Reply | Return to Index | Report Post

head of the household wrote:

My 19 year old son lives with us and we want to kick him out due to unacceptable behavior and lifestyle. The police told me that because he lives here, I can't just kick him out on the spot. I tried to get an eviction notice, but I found out that I can't do that either because he's not a paying tenant. What the hell am I supposed to do? I can't find the answer anywhere.



Translation:

I am 19 years old. I live with my parents and they want to kick me out because I'm an ignorant, obnoxious a-hole, The Police saved me from being kicked out because I live there I can't be thrown out. They tried to get an eviction notice, but because I'm such a loser and contribute nothing to the house, they can't throw me out so I was lucky again. What can I do? Where can I go where someone will put up with my crap and pay my bills so can do nothing?

Fixed, now proceed.
writ
RE: Legal question: how I kick my adult son out of the house? 1/25/2012 9:09AM - in reply to head of the household Reply | Return to Index | Report Post
File a writ of restitution, which is basically an equitable remedy of restoring to an aggrieved party that which was obtained in unjust enrichment.
;kajljdflkj
RE: Legal question: how I kick my adult son out of the house? 1/25/2012 9:32AM - in reply to Are you serious, or no? Reply | Return to Index | Report Post
Commit a felony at 19 and then see if you are an adult. Not an adult my ass. Can't kick him out? Tell him to get the *&%^$ out of the house.

Are you serious, or no? wrote:

He's 19. That's not really an adult. Unless he is doing hard drugs, cut him some slack. And if he is into hard drugs, maybe rehab or something of that nature would be more appropriate than sending him into the streets.

Distancing yourself from your 19 year old is not the answer for him. Maybe caring a little more about him is.
head of the household
RE: Legal question: how I kick my adult son out of the house? 1/25/2012 9:33AM - in reply to Are you serious, or no? Reply | Return to Index | Report Post

Are you serious, or no? wrote:

He's 19. That's not really an adult. Unless he is doing hard drugs, cut him some slack. And if he is into hard drugs, maybe rehab or something of that nature would be more appropriate than sending him into the streets.

Distancing yourself from your 19 year old is not the answer for him. Maybe caring a little more about him is.


He's doing hard drugs and refuses rehab. We have to kick him out.
redux
RE: Legal question: how I kick my adult son out of the house? 1/25/2012 9:41AM - in reply to head of the household Reply | Return to Index | Report Post
Scrounge up some dirt, make a "case", confront him, give him the option to go to rehab, get out, or deal with the cops after you nark him out.
hary cary
RE: Legal question: how I kick my adult son out of the house? 1/25/2012 9:44AM - in reply to redux Reply | Return to Index | Report Post
do you happen to live in a trailer park?
SupplyandDemand
RE: Legal question: how I kick my adult son out of the house? 1/25/2012 9:53AM - in reply to head of the household Reply | Return to Index | Report Post

head of the household wrote:

He's doing hard drugs and refuses rehab. We have to kick him out.



Give him some money to go get high.

When he's out, have someone come and change the locks.

When he comes back and goes ape and starts destroying stuff, call the police.

Problem solved.
DrBison
RE: Legal question: how I kick my adult son out of the house? 1/25/2012 9:54AM - in reply to Are you serious, or no? Reply | Return to Index | Report Post

Are you serious, or no? wrote:

He's 19. That's not really an adult. Unless he is doing hard drugs, cut him some slack. And if he is into hard drugs, maybe rehab or something of that nature would be more appropriate than sending him into the streets.

Distancing yourself from your 19 year old is not the answer for him. Maybe caring a little more about him is.


When, exactly, is he "really" an adult?
Ya ya ya
RE: Legal question: how I kick my adult son out of the house? 1/25/2012 9:57AM - in reply to Are you serious, or no? Reply | Return to Index | Report Post
Just watch one episode of Intervention on A&E. You will have all the tools you need to help him move on.
the honest truth
RE: Legal question: how I kick my adult son out of the house? 1/25/2012 10:02AM - in reply to head of the household Reply | Return to Index | Report Post
Throw his crap in the front yard and change the locks when he is gone. That simple, don't answer when he starts knocking , if he tries to break in call the police to arrest him. Go to alanon.
Fishing Instructor
RE: Legal question: how I kick my adult son out of the house? 1/25/2012 10:14AM - in reply to head of the household Reply | Return to Index | Report Post

head of the household wrote:

My 19 year old son lives with us and we want to kick him out due to unacceptable behavior and lifestyle.

Set up a firewall on your internet service and block his access to LetsRun.
present, esq.
RE: Legal question: how I kick my adult son out of the house? 1/25/2012 10:32AM - in reply to Fishing Instructor Reply | Return to Index | Report Post
See a lawyer. I say that a lot, but the law (statutes/cases) varies by locality.

I realize that "change the locks while he's gone" can be really tempting, but (depending on the circumstances and your local law) that could possibly expose you to criminal charges and/or civil liability. Practically speaking, changing the locks isn't always THAT quick-and-easy; and you need to be aware of the possibility (maybe low, maybe not--you'll know better than I) of violence from your son or his associates.

Get a lawyer. Do it right away. Get this threat out of your house ASAP, but do it legally and safely. Protect yourselves in the interim (a stout door/lock for your bedroom is a minimum).

And please accept my sympathy and empathy. I may be in your situation before the end of the year. I know it's not easy.
Real Lawyer Here
RE: Legal question: how I kick my adult son out of the house? 1/25/2012 10:42AM - in reply to present, esq. Reply | Return to Index | Report Post
Wow,

I am suprised to see no sympathy for the "adult". Yes, legally he is an adult but it is pretty clear in this situation that he is not emotionally.

During my first year in college I got mixed up in a bad crew and got pretty deep into drugs, quit the track team, etc. This behavior continued my summer back home. My parents got on me, showed me they were disapointed but still cared about me and wanted to help. I took a semester off and went on a NOLS trip (that I half financed, with money I "earned" from selling drugs). This was 15 years ago. I went back to school, stayed off drugs, got good grades, went to law school, and now am married, make good money and am finally happy.

I really don't see what sending your kid out on the street will do, except probably get him deeper into drugs and possibly end up dead within a couple years.

It is not too late to help.
;kajljdflkj
RE: Legal question: how I kick my adult son out of the house? 1/25/2012 10:48AM - in reply to Real Lawyer Here Reply | Return to Index | Report Post
I'm sure you could take him into your house if you wish.
Big John
RE: Legal question: how I kick my adult son out of the house? 1/25/2012 11:04AM - in reply to the honest truth Reply | Return to Index | Report Post

the honest truth wrote:

Throw his crap in the front yard and change the locks when he is gone. That simple, don't answer when he starts knocking , if he tries to break in call the police to arrest him. Go to alanon.


DO NOT DO THIS! You can be charged with destruction of property. At least this was how it was explained to me by Atlanta police when I tried to through a "roommate" out. He also was not paying rent, but since his belongings where there I was told he was legally a "resident" or "occupant"...can't recall the exact term. The police were very clear that if I threw his stuff out on the lawn, changed locks, etc., that he could press charges against me and that I should instead pursue some other process. I can't remember what the process was since this was back in 1994, and I eventually got so pissed that I took my chances and threw all his crap in the yard figuring he was too much of loser to know he had any grounds to press charges.
Shoebacca
RE: Legal question: how I kick my adult son out of the house? 1/25/2012 11:15AM - in reply to head of the household Reply | Return to Index | Report Post
If he's really doing hard stuff, can't you just find a way with plenty of evidence to turn him in to the police? If you want him to get rehab and are okay with throwing him out on the street, then I don't see where jail and their rehab would be any worse of an option to you.

Long-term, make sure you aren't claiming him as a dependent or paying for any of his insurance, etc. That will help cover you with kicking him out.
why the what
RE: Legal question: how I kick my adult son out of the house? 1/25/2012 11:16AM - in reply to Big John Reply | Return to Index | Report Post
Call the police department and tell them you think your son is doing drugs and you want him out of the house for this reason. Ask them what they think the best legal remed is. You can always take his stuff to a storage unit and pay for one month's storage fee. You can also pay for one month at a cheap hotel and that will give him four+ weeks to srot out his shit.
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