Eviction

questions & answers

Question: Process involved in evicting adult child, 24, who is not paying rent, doing drugs and stealing from family

Answer: The answer to this question depends upon whether or not a rental agreement (written or oral) exists between the owner(s) or lawful tenant(s) of the dwelling and the adult child who is living there. As a general rule, if a resident has not paid regular rent in exchange for the right to live in a dwelling, then no formal tenancy has been established, which means that the resident is considered to be a guest. This is especially true when the resident is a relative of the owner(s) or lawful tenant(s) of the dwelling. So the issue is whether the adult child is a tenant or a guest. If he/she has been living in the dwelling as a guest (even for a very long time), then no formal steps are required. However, if he/she has been living in the dwelling as a tenant, then the first step in the eviction process is to deliver written notice (a signed and dated letter) to the tenant describing how the tenant has violated the terms of the rental agreement and giving that tenant a reasonable period of time in which to either (a) move out or (b) correct the violation if possible. Illicit drugs and theft are potentially criminal matters that would be grounds for eviction in addition to non-payment of rent.