Q: What do I need to evict an adult child from my house?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
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.
3 users found this answer helpful
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.
