Evicting a free-loading child

[mccammonjw]

What is the name of your state? California

My question is with regards to my fiancee's adult child and his rights within the home she is renting.

Her 19 year old son moved in with her from Oregon last year where he has lived with his father for the last 4 years. He moved back to Oregon over a month ago and then he intended to move on to Missouri at the beginning of the year. A couple of weeks ago he asked to come back here for a visit before he moved on to Missouri. He now states that he has no intention of moving out. He is not a legal resident of California and is still claimed as a dependent by either his mother or father. There is no rental agreement with him and he contributes nothing to the household. He is unemployed and not attending school. At one time he told his mother that he would willingly leave when asked as a condition for taking him in. He has been verbally abusive and threatening to both his mother and minor brother. He has caused damage to the house and property. He was invited to stay as a guest and not a tenant. There is no lease agreement between he and his mother nor between he and the owner of the house.

The question I have is does he have rights as a tenant and require his mother to go through the eviction process to get him out? Is he trespassing? Do parents have the legal right to throw their adult children out of the house without notice?

 

[BL]

What is the name of your state? California

My question is with regards to my fiancee's adult child and his rights within the home she is renting.

Her 19 year old son moved in with her from Oregon last year where he has lived with his father for the last 4 years. He moved back to Oregon over a month ago and then he intended to move on to Missouri at the beginning of the year. A couple of weeks ago he asked to come back here for a visit before he moved on to Missouri. He now states that he has no intention of moving out. He is not a legal resident of California and is still claimed as a dependent by either his mother or father. There is no rental agreement with him and he contributes nothing to the household. He is unemployed and not attending school. At one time he told his mother that he would willingly leave when asked as a condition for taking him in. He has been verbally abusive and threatening to both his mother and minor brother. He has caused damage to the house and property. He was invited to stay as a guest and not a tenant. There is no lease agreement between he and his mother nor between he and the owner of the house.

The question I have is does he have rights as a tenant and require his mother to go through the eviction process to get him out? Is he trespassing? Do parents have the legal right to throw their adult children out of the house without notice?

I say kick his butt out the door w/ any belongings .

I'm not in CA. but I had similar dealings w/ my GF's 17 yr. old son at that time .
He went out the door . The cops came ,said I had to let him back in . I said like hell I will , the stayed for him to get his belongings and they all left .

What is he going to do have you arrested , or sue you ? LOL

 

[LindaP777]

Sounds like a "guest" to me. You don't evict "guests" you ask them to leave, then you gather all their belongings and set them on the hood of their car . . . In the rain. He'll get the idea.
(Question: did he have a key? If so change the locks.)

 

[south]

He is a guest that stopped by.

Part 1: Instructions

1: Wait until he leaves to pick up his daily six pack.
2: Throw all his wife beater tops into a black trash bag.
3: Place on door step.
4: Do not let back in if neccesary call police tell them he is trespassing.

Part 2: If he cannot undertsand he does not live there and cannot come in.

1: Go to court file restraining order to stay away from premises.
2: Throw old beer cans away.