Results 1 to 9 of 9

Thread: Evicting Adult Child From Parent's Home - How?

  1. #1
    Junior Member
    Join Date
    Jul 2007
    Posts
    3

    Default Evicting Adult Child From Parent's Home - How?

    Our 23-year-old daughter and her 2-year-old daughter, our granddaughter, are presently living with us. She works full-time and pays very little room-an-board; about $200 a month, and nothing toward utilities.

    I'm retired and my wife works full-time. She also cares for our grand-daughter part of the time outside the regular day-care provider hours. My wife is paid for this.

    Our daughter and grand-daughter had moved down to Texas with her boyfriend in early November, 2006. The relationship lasted about six weeks and she wanted to move back in with us until she could get back on her feet. We agreed, but made it clear that this was a short-term situation and she would find full-time employment, which she did, and move out as soon as possible.

    It is now mid-July, 2007. She developed a relationship with a previous friend and they were going to find a place together. That relationship soured and the plans fell through. Sense a pattern here?

    There was no formal written rental agreement or other agreement between us, me and my wife and our daughter, stating any terms or time-limits on her residence with us. Big mistake, right?

    Question: Short of physically putting her and her belongings out by the curb, how do we legally get her out of our home? Do we have to go through a legal eviction notification and proceding and have the County Sheriff serve papers and escort her off the premisis?

    Or can we simply tell her, "You have two weeks to find a place and leave," and if she doesn't go, have the police show her the door?

    Thanks.

  2. #2
    Senior Member
    Join Date
    May 2007
    Posts
    477

    Default

    Okay I'll bite. Where will your daughter and more importantly your 2 year old granddaughter go when she is physically removed from your home by the police or otherwise?

    Give her a 30 day notice and help her find a safe place to move into, if not for herself but for the inoscent baby, your granddaughter.

  3. #3
    Senior Member
    Join Date
    Jul 2006
    Posts
    7,179

    Default

    Unless you had her sign some sort of a lease, you can kick her to the curb at any time.

    This isn't a legal question as much as an emotional one. You are going to make your daughter upset. That may be okay.

    Make sure you give her enough time to find a decent place, maybe even helping in the search. Heck, be the best dad ever and pay for the utilities to be started and the first and last month's rent.

    If she says no, take that amount she would be paying in rent and draw up a lease and have her sign it. Basically, you are going to tell her that the free ride is over.

    But, make no mistake, she will be mad at you about it.
    Not everything that makes you mad, sad or uncomfortable is legally actionable.

    I am not now nor ever was an attorney.

    Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

  4. #4
    Senior Member
    Join Date
    Jul 2006
    Posts
    7,179

    Default

    Quote Originally Posted by BnThrDnTht View Post
    Okay I'll bite. Where will your daughter and more importantly your 2 year old granddaughter go when she is physically removed from your home by the police or otherwise?

    Give her a 30 day notice and help her find a safe place to move into, if not for herself but for the inoscent baby, your granddaughter.
    I agree with this to a point.

    To be quite honest, it is not grandpa's responsibility to care for an adult daughter and her child. They CAN choose to do it, but he does not HAVE to.

    It is the daughter's responsibility and the father of the child's. No one else's.

    I feel that you are trying to guilt the OP into keeping the kids at the house. This isn't correct.
    Not everything that makes you mad, sad or uncomfortable is legally actionable.

    I am not now nor ever was an attorney.

    Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

  5. #5
    Senior Member
    Join Date
    May 2006
    Posts
    4,323

    Default

    Once you let anyone, family or not stay for a certain amount of time, you have to go through the process a landlord would have to go through to evict them. I would give a certified 30 day notice immediately. I would also tell your daughter that you would help her find and obtain an apartment, so she is not homeless at the end of the 30 days, and she could repay you for the money you use to help. You, of course, do not have to legally do this, but if you do, you can write up a contract with a payment plan, that would be legal enough to take her to court to have her wages garnished if she does not repay you. You also would not have to feel guilty for the granddaughter being out on the street. If something goes wrong, you are off the hook emotionally, it would then be the moms fault, not yours! You would know for sure, they would be gone in the 30 days! These are the pros of doing this. The sooner you find a place, the sooner she will be out, it may not even take 2 weeks!!

  6. #6
    Junior Member
    Join Date
    Jul 2007
    Posts
    3

    Default

    There are a lot of dynamics to this situation that I didn't go into. For the record, my wife and I refuse to let our daughter use our affection for our granddaughter as a weapon. We won't be guilted into anything. If the final result is that she absolutely refuses to go and has to be put out, that is her choice. We've discussed it and we agree that our daughter is responsible for anything that happens with our granddaughter. The little girl is an angel. If there was any way to keep her and boot our daughter, we'd do it.

    Another point. We are not in a financial position to assist her with deposits, first or last month's rent on an apartment. It's not like Grampa and Gramma are sitting on a nice retirement nest-egg; far from it. We were just getting by while she was down in Texas and it's been a real financial drain since she's been back. We are not some air-head parents that throw money at our wayward and irresponsible daughter. At the same time, she has abused our help in the past. There is so much crap that happened with her in the last 10-12 years I could write a book. I guess it's true; no good deed goes unpunished. You try to do right by your children and you get used.

    Many rental operators now use credit history and score to screen applicants. Our daughter's credit stinks so she has a hard time finding a decent place to rent. Our credit has taken a beating over the years trying to clean up her messes when she was a minor. We are not about to put ourselves on the hook again.

    Thanks for your input, folks. Perhaps I'll give our County Attorney a call.

  7. #7
    Senior Member
    Join Date
    May 2007
    Posts
    477

    Default

    Quote Originally Posted by cyjeff View Post
    I agree with this to a point.

    I feel that you are trying to guilt the OP into keeping the kids at the house. This isn't correct.
    Cyjeff, you feel wrong on this one. No guilt intended. A simple dose of reality. Most grandparents aren't willing to let a 2 year old baby live on the streets. The OP is in a bad situation at best. I of all people know that the best way to help some kids is to NOT HELP THEM. Unfortunately the baby is in the picture and if something bad were to happen to that child that could be avoided by the grandparents actions they have to live with that for a long long time. No undoing it once it happens.

    Quote Originally Posted by Fenderman View Post
    There are a lot of dynamics to this situation that I didn't go into. For the record, my wife and I refuse to let our daughter use our affection for our granddaughter as a weapon. We won't be guilted into anything. If the final result is that she absolutely refuses to go and has to be put out, that is her choice. We've discussed it and we agree that our daughter is responsible for anything that happens with our granddaughter. The little girl is an angel. If there was any way to keep her and boot our daughter, we'd do it.


    Thanks for your input, folks. Perhaps I'll give our County Attorney a call.

    Fenderman, I fully understand where you are coming from. Being used by anyone is not a good feeling and when it is your own flesh and blood it is much worse. I am good with the idea that ya'll refuse to let your daughter use the baby as a weapon, as it should be. However the reality of the matter remains that since your daughter seems to put little value on her own life can you feel secure in knowing she will put enough value on the baby's life to keep her safe? Can you live with the outcome of some horrible event that could happen to the baby? NO, I am NOT suggesting it would be your fault. Just putting it out there for you to consider. As you likely know some bells can not be unrung.

    Have you and the wife considered seeking custody of the baby? At least until the daughter can get it together and provide for the child. Are there any other family members that might be in a position to take care of the child while your daughter continues to sow her oats?

    At the very least give her a 30 day certified written notice to vacate as suggested earlier by the others. Follow through with it and provided your mind is made up, dont look back and be done with it.
    Last edited by BnThrDnTht; 07-17-2007 at 08:40 AM.

  8. #8
    Junior Member
    Join Date
    Jul 2007
    Posts
    3

    Default

    Thanks for all your input. There are many ways of looking at the situation.

    I talked to the County Sheriff Civil Division, asked a Family Law Attorney, and the MN State Attorney General's office. I also read the State Statute regarding Eviction of Tenants.

    The long-and-short of it is, we have to give 30 days written notice to vacate. If she isn't gone by then, we go to court and file for an Unlawful Detainer. If it is granted, she'll have 5 days to vacate. Failing that, a call to the Sheriff will result in immediate physical removal. We hope it doesn't come to that, but if it does, it is HER choice.

    Thanks again. I'll keep you folks posted, if at all possible, in the weeks ahead.

  9. #9
    Senior Member
    Join Date
    May 2006
    Posts
    4,323

    Default

    Quote Originally Posted by Fenderman View Post
    Thanks for all your input. There are many ways of looking at the situation.

    I talked to the County Sheriff Civil Division, asked a Family Law Attorney, and the MN State Attorney General's office. I also read the State Statute regarding Eviction of Tenants.

    The long-and-short of it is, we have to give 30 days written notice to vacate. If she isn't gone by then, we go to court and file for an Unlawful Detainer. If it is granted, she'll have 5 days to vacate. Failing that, a call to the Sheriff will result in immediate physical removal. We hope it doesn't come to that, but if it does, it is HER choice.

    Thanks again. I'll keep you folks posted, if at all possible, in the weeks ahead.
    Thank you so much for letting us know that you will keep us posted. I wish you the best of luck, and hope you have no problems getting her to leave after the 30 days.

Similar Threads

  1. Confusing laws in Texas re: getting away.
    By AnonymousTX in forum Texas Family Law
    Replies: 21
    Last Post: 02-16-2008, 04:49 PM
  2. Child abandonment in Georgia???????? Georgia
    By Dad Who's Tried in forum Georgia Family Law
    Replies: 4
    Last Post: 10-21-2007, 04:37 PM
  3. auntinohio Ohio
    By auntinohio in forum Child Custody & Support
    Replies: 5
    Last Post: 02-26-2007, 07:25 PM
  4. iam 17 and really need some help???please... Texas
    By kyle747 in forum Texas Family Law
    Replies: 9
    Last Post: 08-23-2006, 10:03 AM
  5. Wanting to relocate Tennessee
    By winged_wonders in forum Tennessee Family Law
    Replies: 5
    Last Post: 08-04-2006, 08:24 AM

Posting Permissions

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