+ Reply to Thread
Results 1 to 7 of 7
  1. #1
    Hawksnest is offline Junior Member
    Join Date
    Nov 2008
    Posts
    1

    How does A Parent evict an adult child

    What is the name of your state (only U.S. law)? Wisconsin
    My mother owns a home where my brother and family live rent free. My brother is divorcing his wife but his wife refuses to vacate the home. She is unemployed and claims to have no where to go. They have no rental agreements as my mom was helping them out. How does my mother proceed?
  2. #2
    dolebot is offline Member
    Join Date
    Jan 2006
    Posts
    241
    In WI it might be different, but generally can be:

    Tell the kids that there is now a rental of $xxx per week. This establishes a weekly tenancy. Use your states laws, provide the proper notice, etc when the rent isn't paid begin eviction proceedings. There doesn't need to be a rental agreement in writing (generally).
  3. #3
    Zigner is offline Senior Member
    Join Date
    Jan 2005
    Location
    California
    Posts
    52,766
    Quote Originally Posted by dolebot View Post
    In WI it might be different, but generally can be:

    Tell the kids that there is now a rental of $xxx per week. This establishes a weekly tenancy. Use your states laws, provide the proper notice, etc when the rent isn't paid begin eviction proceedings. There doesn't need to be a rental agreement in writing (generally).
    What makes you think she can create a contract for rent where none existed before?
  4. #4
    OldandTired is offline Member
    Join Date
    Nov 2008
    Location
    Victorville, Ca.
    Posts
    662
    Her best bet would be to open the house up on the market for rent, give the slug the opportunity to rent it, and when she says she can't afford it, offer her to move by a specific date.
  5. #5
    johnd is offline Member
    Join Date
    Jan 2007
    Posts
    720
    "How does a Parent evict _____(fill in the blank)?"

    Just like any other eviction: per statutes 704 & 799. It could be argued that there was no rental agreement (written or verbal), and that there was no tenancy w/ the wife as no money was exchanged (there was inarguably consideration, however ). Meaning, for a rental agreement to exist, a tenancy is created for real property for consideration. I doubt, however, any judge would want to hear that. Just serve her the 28 day notice, and upon its expiration, if she is still there, file an eviction suit.
  6. #6
    Ozark_Sophist is offline Senior Member
    Join Date
    Sep 2006
    Location
    Missouri Ozarks
    Posts
    3,354
    evict the same way as a normal tenant. provide notice to end tenancy. if she does not leave by the date on notice, evict.
  7. #7
    FarmerJ is online now Senior Member
    Join Date
    Apr 2002
    Location
    snowland
    Posts
    10,892
    The notice sent to her can be very simple, all it must say is ` Jane doe, ( address , 1234 apple st ,your city , your zip ETC ) this is your notice to inform you that you are to vacate by ( date- 28 days plus say two for postal delivery) sign it and date it and send it via confirmed mail delivery and then put your postal reciept with a copy of the letter in a safe place, like a bank box so it cannot vanish. IF she refuses to leave then go see the clerk of the court in the county you live in and tell them you need to file to evict someone. Fill out forms , pay the fees, have the sherriffs dept serve her since she lives in the same house. IF she still refuses to vacate you will end up with a new experiance , having the sherriff carry out a courts order and bodily remove her if they must!

Similar Threads

  1. How to evict an adult child from the home
    By PamelaAM in forum Juvenile Law
    Replies: 13
    Last Post: 01-04-2010, 01:18 PM
  2. Parent harassing adult child
    By happynow in forum Marriage, Domestic Partnerships and Other Family Law Matters
    Replies: 1
    Last Post: 05-12-2008, 09:08 AM
  3. Child sueing parent once they are adult
    By carousels1961 in forum Child Support
    Replies: 7
    Last Post: 11-26-2006, 04:57 PM
  4. Adult Child of an Incarcerated Parent
    By robingregory03 in forum Sentencing / Parole / Pardons / Plea Bargains
    Replies: 12
    Last Post: 05-17-2006, 07:49 AM
  5. adult child's responsibility for parent
    By helenh in forum Marriage, Domestic Partnerships and Other Family Law Matters
    Replies: 3
    Last Post: 11-05-2002, 07:41 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.