I want my 20 year old son OUT!

[scuns68]

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

I am trying to get my 20 year old son to move out of my apartment and he refuses to leave. He is not working or going to school and his life is all about sleeping, doing drugs, drinking and being very disrespectful. Do I have to evict him even so he is not paying any rent?

 

[Zigner]

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

I am trying to get my 20 year old son to move out of my apartment and he refuses to leave. He is not working or going to school and his life is all about sleeping, doing drugs, drinking and being very disrespectful. Do I have to evict him even so he is not paying any rent?

Yes, you would need to evict if he won't leave voluntarily.

 

[LdiJ]

Yes, you would need to evict if he won't leave voluntarily.

Or in the alternative, move when your lease is up and don't take him with you.

 

[Zigner]

Or in the alternative, move when your lease is up and don't take him with you.

If sonny doesn't move, then the OP hasn't moved either and could be found responsible for any damages and missed rent caused by sonny remaining.

 

[LdiJ]

If sonny doesn't move, then the OP hasn't moved either and could be found responsible for any damages and missed rent caused by sonny remaining.

Yeah, that's true. If sonny boy would be that stubborn as to remain in an apartment without utilities and nobody buying food, no furniture, internet, television.

 

[Zigner]

Yeah, that's true. If sonny boy would be that stubborn as to remain in an apartment without utilities and nobody buying food, no furniture, internet, television.

Well, unfortunately, the LL might be stuck with the utilities out here on the left coast. If not, then he gets hit with a lawsuit based on habitability concerns. But yeah, the rest is a good point.

 

[scuns68]

wow, this is crazy, but thanks for the advise. Moving is not an option so I get the eviction started.

 

[Zigner]

wow, this is crazy, but thanks for the advise. Moving is not an option so I get the eviction started.

Has he damaged any of your property or physically harmed you (or genuinely caused you to fear that he might)?

 

[scuns68]

wow, this is crazy, but thanks for the advise. Moving is not an option so I get the eviction started.

 

[scuns68]

Has he damaged any of your property or physically harmed you (or genuinely caused you to fear that he might)?

No, he hasn't, not yet.

 

[LdiJ]

No, he hasn't, not yet.

If he does...then you call the police. No waffling on that one. We all have children and understand that its hard to take that kind of action against ones own child, but its something that you will have to do.

 

[BL]

when he's gone have the locks changed, or install latches. let him fend for himself.

 

[Zigner]

when he's gone have the locks changed, or install latches. let him fend for himself.

Of course, you mean once he's been properly evicted, right? It would be bad form to advise the OP to change the locks on a legal tenant, thus exposing themselves to a lawsuit for an illegal eviction.

 

[quincy]

when he's gone have the locks changed, or install latches. let him fend for himself.

No, scuns68 needs to follow the proper eviction process. She should not lock her son out of the apartment. Plus, a tenant cannot change locks on an apartment without the consent of the landlord.

 

[LdiJ]

Of course, you mean once he's been properly evicted, right? It would be bad form to advise the OP to change the locks on a legal tenant, thus exposing themselves to a lawsuit for an illegal eviction.

Of course, its not very likely that a 20 year old would know that they could sue for illegal eviction, or would even risk doing so and possibly never being able to get help from mom again...for anything...ever. Or even have the filing fee for small claims court...chuckle. However, still, mom needs to go the legal eviction route. Otherwise, its just a mess. Is likely that sonny boy won't understand that its serious, won't leave, and eventually the sheriff will be removing him from the home. That may be the best lesson for sonny boy to learn.