Monrovia, CA asked in Family Law and Landlord - Tenant for California

Q: What do I need to evict an adult child from my house?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, to evict an adult child from your home, you must follow specific legal procedures. First, provide a written notice to vacate, usually giving 30 days for the adult child to leave. This notice must clearly state the date by which they must vacate the premises.

If they fail to leave by the specified date, you'll need to file an unlawful detainer lawsuit in your local court. This lawsuit is the formal eviction process and requires serving your adult child with legal papers.

After filing, the court will set a hearing date. Both you and your adult child will have the opportunity to present your case. If the court rules in your favor, it will issue a writ of possession, which authorizes law enforcement to remove the adult child from the property.

It's important to follow these legal steps meticulously, as self-help evictions, like changing locks or removing belongings, are illegal in California. Consulting with a local attorney experienced in landlord-tenant law can guide you through this process and ensure compliance with all legal requirements.

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