Adult child living at home and want her out what to do, very disrespectful and has anger issues , verbally abusive, drug

Question

I’ve had enough of this what do I have to do to remove my kid from my house, disrespectful, drug use, different people in and out of my house all hours after being told the rules, don’t work, don’t do anything to help verbally abusive, anger issues, breaks stuff, I have grand kids that come here and there has been drugs found left out where they can get them, my wife is on lots of meds for depression and heart problems what do I do to remove her she paid rent one time when she moved in and that was it lost her job from doing drugs, and hasn’t paid anything since, constant traffic through my house I need help there’s never been a contract or anything signed

James L. Arrasmith · Answer

I understand that you are in a very difficult and stressful situation with your adult daughter living in your home. Her behavior sounds extremely disruptectful and unsafe, especially with your grandchildren present and your wife's health issues. You have every right to want her out of your house. Here is some guidance on the legal process in California for removing an adult child from your home: 
 
Since your daughter has been living with you for some time and paid rent once, she likely has established residency in your home, even without a formal rental agreement. This means you cannot simply kick her out, but need to go through a formal eviction process. The steps are: 
 
1. Give her a written 30-day notice to vacate. The notice needs to be formally worded - you can find templates online. If she has a term lease, you generally need to wait until the end of the lease term.  
 
2. If she does not leave after 30 days, you must file an unlawful detainer lawsuit against her. This involves filing a complaint and summons with the court and properly serving her the papers. 
 
3. There will then be a court hearing scheduled. You will need to present your case to the judge. If the judge rules in your favor, they will issue an order for her to vacate by a certain date. 
 
4. If she still refuses to leave by that date, the sheriff can remove her from your property. You cannot forcibly remove her yourself before then. 
 
5. If she leaves belongings behind, you must hold onto them for a certain period of time before disposing of them.  
 
I would strongly recommend consulting with an eviction attorney or legal aid organization, as they can help ensure you follow the proper procedures. Improper eviction attempts can get you in legal trouble. Try to document her behavior as much as possible. 
 
If her drug use and destructive/abusive behavior is endangering you, your wife or grandkids, do not hesitate to call the police. Prioritize your family's safety above all else. I'm so sorry you are dealing with this painful situation. Please seek support for yourself during this stressful time. Wishing you all the best moving forward.

Q: Adult child living at home and want her out what to do, very disrespectful and has anger issues , verbally abusive, drug