How do I kick out my 20 year old out of the house?
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How do I kick out my 20 year old out of the house?
He does contribute money to help out but now no longer want to help out financially. He does not work and comes home high form marijuana, plus his vehicle smells like marijuana. I asked him nicely to move out after he was verbally abusive to my wife and I and threatened our home. He stated that I should be prepared because he was going to
Asked on May 31, 2019 under Real Estate Law, Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
You should hire a landlord-tenant attorney to help you. There are three reasons:
1) First and most important, it is not clear what kind of legal action you file--but you definitely have to file some legal actions. (There are no "self help" lockouts: you always have to go through the legal system.) The reason is, if he were not a tenant, you file an action traditionally called an action "for ejectment"--think of it as eviction for non-tenants. There is no written lease and no formal "rent" payments, so on the face of it, he's a nontenant, but you write that he contributes money: that contribution might--depending on its regularity, amount, etc.--be considered as rent, and if it is considered rent, then he is a tenant. If he is a tenant, then you file the kind of eviction action you do for nontenants, not an ejectment action. The lawyer can analyze the situation in detail and determine the appropriate legal action.
2) Both eviction for tenants and ejectment for non-tenants are procedurally complicated, and a small mistake makes you start over. The lawyer will be able to manage the procedural aspects better than you.
3) The lawyer will provide a neutral "buffer" between you and your son.
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