questions & answers
Question: Can a parent force an 18 year-old to leave their home?
The following is provided for general information only. To find out how the law applies to a specific situation, contact an attorney directly.
Rental agreements and leases are largely characterized as contracts between the landlord and the tenant. If a person has not been paying rent, there is likely no consideration to create a rental contract. If there is no rental contract, it is likely that being allowed to stay at the house would be characterized as a license. A license is generally regarded as permission from the true owner to do something. A license is generally revocable by the person granting the license at any time, for almost any reason. As such, the owner of the home may be able to revoke permission to stay in the home without having to initiate eviction proceedings because there is no rental contract.
However, the situation may be different if the 18 year-old is the parent’s natural or adopted child. ARS 25-501(A)
states that, "every person has the duty to provide all reasonable support for that person's natural and adopted minor, unemancipated children ... If a child reaches the age of majority while the child is attending high school or a certified high school equivalency program, support shall continue to be provided while the child is actually attending high school or the equivalency program but only until the child reaches nineteen years of age unless the court enters an order pursuant to ARS 25-320(F)