Hypothetical Question..

[IRiSH_SpRinG]

Hypothetical question..
You show up to a house and parents want to evict their 18 year old son on his 18th birthday. The son is refusing to leave claiming he lives there. Do you..

A: Kick the 18 year old out as he doesn't establish residency until 30 days after his 18th birthday.

B: Tell the parents he has to be legally evicted as he's been a resident of the property for his whole life.

I can't find any case law on this and would love to hear your thoughts. Thanks guys and stay safe.

[micro911]

Have never handled a case like this. I have kicked out an adult cohabitant in the past.

[jmatt511]

Unless there is violence, it's a civil matter. That's how we handled it back in the day.

[SoCalPI]

In California and many other states, if you initially welcomed an adult child to live in your home and never asked him or her to pay rent, then he or she is a guest. If the welcome has worn out, you can demand that he leave. If your child refuses to leave then he has become a trespasser.

You can call the police to have trespassers forcibly removed, although there is no guarantee the police will agree to remove them. Alternatively, some parents change the locks when their adult child is out, but it’s best to consult with an attorney before resorting to this. Once out, the adult child has no valid legal remedy to re-enter the house without your permission.

[Yodaman]

[SoCalPI]

https://www.avvo.com/legal-answers/in-california-can-i-legally-kick-out-my-18-year-ol-1265415.html

[benjamin101677]

[eta34]

[Samuelx]

Is this your website?

https://www.robertreeveslaw.com/blog/evict-adult-children/

[MrBlond]

Unless you are the police, you do nothing.

[RickD427]

I believe that you're correct.

I don't have any case law on the point, but all of my secondary source material suggests that the 30 day notice is only applicable where the potential evictee has established legal tenancy. One requirement that must be met for the establishment of tenancy is the payment of rent.

[Samuelx]

https://www.courts.ca.gov/selfhelp-eviction.htm

https://www.courts.ca.gov/27701.htm

https://www.courts.ca.gov/27798.htm

[RickD427]

https://www.courts.ca.gov/selfhelp-eviction.htm

https://www.courts.ca.gov/27701.htm

https://www.courts.ca.gov/27798.htm

None of the above references really apply to this situation. They only address landlord-tenant situations.

[SoCalPI]

No, but I was pasting a response. No case law cited, but California attorneys are posting that information on their websites/answering it the same on public discussion forums, so I assume the information is correct. Would the police actually remove the kid? Doutful. Agree with jmatt511, it’s a civil issue. Let the parents get their kid out on their own. Shouldn’t have raised a *****bag to begin with.

Is this your website?

https://www.robertreeveslaw.com/blog/evict-adult-children/

"Trespassing

In California and many other states, if you initially welcomed an adult child to live in your home and never asked him or her to pay rent, then he or she is a guest. If the welcome has worn out, you can demand that he leave. If your child refuses to leave then he has become a trespasser.

You can call the police to have trespassers forcibly removed, although there is no guarantee the police will agree to remove them, especially if there are signs of long-term residence or the parents’ invitation. Alternatively, some parents change the locks when their adult child is out, but it’s best to consult with an attorney before resorting to this. Once out, the adult child has no valid legal remedy to re-enter the house without your permission."

[GizmoSD]