Q: My adult son won’t leave my house if I live on the same residence can I legally have my electricity shut off so they go
There’s no landlord tenant agreement. I’ve asked him repeatedly to move out. He says to evict them. I let him and his girlfriend move in because they need help out of the kindness of my heart. Now they’re destroying my property and stealing my property they’re not respecting anything I’ve asked them to do and disregard the simple rules. I’ve told them that they need to go.
A: A month to month landlord tenant relationship is implied by law when no written lease agreement exists. Accordingly, the homeowner must give the unwanted occupants notice to vacate followed by an eviction lawsuit if they fail to vacate.
A:
The following is general information for this kind of situation, not legal advice to rely on, for which you'd need to schedule a consultation with a law office. (That applies to all answers in this forum.)
You seem to be asking if you can totally shut off your electricity (100%) for the home where you reside (and own in your name alone or with a spouse) as a way of discouraging your adult son and his girlfriend from staying on. That depends on whether, under the law, they can be classified as tenants - which does NOT depend solely on whether there's a written lease. If your arrangement with them is that they pay you absolutely NOTHING (no rent, no utility payments, etc.), they are unlikely to be viewed as tenants. In that scenario, the homeowner can likely lawfully shutt off his own electricity IF doing so does not cause any type of damage or injury. But even if you can lawfully do that, there are better ways to solve the issue that likely will not cost you an arm and a leg. Visit an attorney.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
