How to evict an adult child from the home

[PamelaAM]

What is the name of your state (only U.S. law)? California

Our 19 year old daughter has lived with us all her life and has started to give us problems (lying, stealing money, dropping out of school, running away etc). Last night she took off with her loser boyfriend and we discovered that $7400 in cash was missing from our safe. Not sure when she took it. We called the police to report the money missing but he said because she lived in the house and had access that we couldn't press charges against her even though after hearing our story he was reasonably convinced that she most likely took it as well.

He told us that we need to evict her and change the locks. He said that we had to go through a legal eviction process to get her out. Can't we just tell her to leave? Why does she have any rights to this house? She has never paid rent or contributed financially to any portion of this household.


Thanks in advance to whoever can provide some insight on this.What is the name of your state (only U.S. law)?

 

[JETX]

We called the police to report the money missing but he said because she lived in the house and had access that we couldn't press charges against her even though after hearing our story he was reasonably convinced that she most likely took it as well.

Call the police again and INSIST that they take a report on the THEFT. The fact that she was your daughter.... AND that she was a 'tenant' in your home has no impact on the complaint. Oh, and be sure to include the 'boyfriend' in your complaint.
If they still refuse, talk with a supervisor.

He told us that we need to evict her and change the locks.

The officer is only PART right. You must go through the formal process of notice, and if she fails to comply, eviction. However, your changing the locks COULD be viewed as an 'unlawful eviction'. Go ahead and change the locks anyway, but be prepared for the unlikely event of her return by having keys to give her on 'demand'.

He said that we had to go through a legal eviction process to get her out. Can't we just tell her to leave?

Of course you can.... but she doesn't have to abide by your 'illegal' eviction.

Why does she have any rights to this house?

Because your allowing her to remain 'in residence' as an adult gives her 'tenant rights.

She has never paid rent or contributed financially to any portion of this household.

Understood.... but not relevant.

 

[CdwJava]

The officer was wrong, you CAN report her for theft. If she has had free access to the contents of the safe previously, then it may be difficult to prosecute her for accessing something she had previously had permission to access, but you can still make the report and ask that the police seek charges through the DA.

The problem is going to be proving that SHE took the money. If she denies it, what then?

You might consider confronting her when/if she returns. Maybe change the locks and pack up her stuff before she gets home from her trip. Tell her that it's time to leave, and have her stuff ready to go.

 

[cyjeff]

I would certainly consider changing the combination on the safe immediately.

 

[ecmst12]

Post the notice to move on the door. You must give 60 days notice since she has lived there for longer then a year. If she's not back by then, you can change the locks. If she DOES come back and doesn't move voluntarily by the end of the 60 days, you will have to take her to court.

 

[CdwJava]

From the Depertment of Consumer Affairs website, it appears to be rather easy:

Single lodger in a private residence

A lodger is a person who lives in a room in a house where the owner lives. The owner can enter all areas occupied by the lodger and has overall control of the house. Most lodgers have the same rights as tenants.

However, in the case of a single lodger in a house where there are no other lodgers, the owner can evict the lodger without using formal eviction proceedings. The owner can give the lodger written notice that the lodger cannot continue to use the room. The amount of notice must be the same as the number of days between rent payments (for example, 30 days). (See "Tenant's notice to end a periodic tenancy".) When the owner has given the lodger proper notice and the time has expired, the lodger has no further right to remain in the owner's house and may be removed as a trespasser.

Reference: Civil Code Sections 1940(a) and 1946.5, and Penal Code Section 602.3​

Since this child does not seem to meet the definition of a tenant as no contract or payment arrangements exist, it might be POSSIBLE to simply have her removed when she returns per PC 602.3. However, it might be best to provide a 30 or 60 day notice as civil courts tend to operate under the theory of reasonableness and not that you booted her because you can.

I would also do as previously suggested regarding changing the combination on the safe.

 

[PamelaAM]

Thank you

Thanks everyone for your answers. The office DID take an incident report. What he said was that he couldn't put down that she was a SUSPECT because of her "reasonable access". So I asked him to take my statement down for the report that because of history etc that I felt that she was the likely one to have taken the money.

With regards to the getting her out of the house, I understand that a legal formal process seems to be required but it is beyond me why you can't throw your own adult child out of the house when they are not complying with rules. I am really not anxious to give her the option to stay there for another 30 days and do any more damage.

In addition, since I posted this earlier today, I have now had a chance to examine the car that we normally let her drive, which is now disabled so that she can't take it. I was appalled to find grafitti like writing all on the inside of the car and cigarette burns (at least a half dozen) in the upholstery in the back seat. Can I sue her for the damage to the vehicle for what it will cost to repair?

 

[CdwJava]

You can try to sue her, but if she has no money (except for that which she stole) just how do you expect to collect.

Since she is not paying rent and is not, thus, a tenant or really a lodger, I'd consider the option of changing the locks and packing up her stuff for easy access. When she comes back, you tell her that she no longer lives there and can find her own place. She might call the police, or, she might not. If I were you I would stick with the thought that she is what is referred to as a "gratuitous guest" and thus remains at your will.

From the Solano County website:

Gratuitous Guest - In situations where a person is in temporary possession of a dwelling unit with the owner simply because of the good will of the owner and is not doing or providing anything in return for room and board, the occupancy of such guest can be terminated at will, without notice, or legal proceedings of any kind. This person is known as a Gratuitous Guest. Neither a judgment for possession nor writ is required. The occupancy of such a guest can be terminated at will. The owner would simply need to ask or tell the guest to leave and if the guest does not comply his further occupancy becomes an illegal trespass. The property owner should contact the local police department.​

The worst thing that happens is the police tell you she has to stay there and you have to serve her with notice. Although, I do not see anything that requires you to serve notice to a guest.

 

[PamelaAM]

Gratuitous guest

That makes sense. I think we will go that route.

And with regards to suing for the damages to our vehicle, I know that I won't see any money out of it but I want to make sure to illustrate to her that there are consequences for her actions, even if it means being served with a law suit that she can't pay. She will at least get a judgment.

She seems to have no concept of consequence at all.

Thanks again for everyone's responses. This is an amazing service!

 

[PamelaAM]

The plot thickens

So yesterday we heard from one of my daughter's friends that she is spending money like crazy. Bought the boyfriend a $300 snowboard and is paying for them to live in a motel. She's never had more than $20 in her possession as she has never worked or had a job of any sort.Does any of this help confirm that she IS the one that took the money? Or is this just hearsay and doesn't affect my ablity to actually press charges? It really urks me that she is out there spending the $7400 that she stole from us and there is nothing I can do.

Thanks in advance for any insight. . .

 

[CdwJava]

So yesterday we heard from one of my daughter's friends that she is spending money like crazy. Bought the boyfriend a $300 snowboard and is paying for them to live in a motel. She's never had more than $20 in her possession as she has never worked or had a job of any sort.Does any of this help confirm that she IS the one that took the money? Or is this just hearsay and doesn't affect my ablity to actually press charges? It really urks me that she is out there spending the $7400 that she stole from us and there is nothing I can do.

Thanks in advance for any insight. . .

It is not direct proof, but it certainly helps. Have you passed this info on to the police, including the names of any sources (witnesses)? The information might also help if you take her to small claims court for the loss.

 

[Excelsius]

From the Depertment of Consumer Affairs website, it appears to be rather easy:

Single lodger in a private residence

A lodger is a person who lives in a room in a house where the owner lives. The owner can enter all areas occupied by the lodger and has overall control of the house. Most lodgers have the same rights as tenants.

However, in the case of a single lodger in a house where there are no other lodgers, the owner can evict the lodger without using formal eviction proceedings. The owner can give the lodger written notice that the lodger cannot continue to use the room. The amount of notice must be the same as the number of days between rent payments (for example, 30 days). (See "Tenant's notice to end a periodic tenancy".) When the owner has given the lodger proper notice and the time has expired, the lodger has no further right to remain in the owner's house and may be removed as a trespasser.

Reference: Civil Code Sections 1940(a) and 1946.5, and Penal Code Section 602.3​

Since this child does not seem to meet the definition of a tenant as no contract or payment arrangements exist, it might be POSSIBLE to simply have her removed when she returns per PC 602.3. However, it might be best to provide a 30 or 60 day notice as civil courts tend to operate under the theory of reasonableness and not that you booted her because you can.

I would also do as previously suggested regarding changing the combination on the safe.

It seems that this law applies only to ONE lodger. So if there are two children, then this law is not applicable, correct? Also, can a child be really considered to be a "lodger"?

 

[Banned_Princess]

It seems that this law applies only to ONE lodger. So if there are two children, then this law is not applicable, correct? Also, can a child be really considered to be a "lodger"?

Go back to your own thread.


Ask more questions there.


It is extremely risky to do the "lodger" eviction. The parent in your story doesnt OWN the home, so it is a tenant.

Not the states fault as soon as child hit 18, you didnt ask for rent.

 

[mikes334]

That is true. In most states at the age of 18 they are considered an adult and you should treat them as such.