Need to evict son of co-owner that is over 18 years old
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Need to evict son of co-owner that is over 18 years old
I co-own a house with someone as tenants in common. His son recently came back
from college. While out to work his son leaves. When I get home the house is
unlocked. I confronted his son that he needed to lock the house when he leaves
but it still being unlocked. There was an argument after I took a shower, and
then in the other bathroom his son went to take a shower and it cuts down on
the water pressure when 2 are taking a shower at the same time. I asked him not
to take a shower when someone is taking a shower already and told him it cuts
on the water pressure. His son responded, ‘whatever’. I responded, ‘if you
cannot follow the rules here and abide by them, then he needed to leave the
house’. The son left the house to go to a friend’s house, upon leaving He told
me, ‘F you’. I need to evict the co-owner’s son from the house. Will not
listen, abide by rules, and I fear for my safety in the house with his son
living there. How do I go about evicting his son from the house?
Asked on June 8, 2018 under Real Estate Law, Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You cannot evict him by yourself: you need your co-owner to agree to evict him. The problem you fact is, each co-owner has the same and equal right to use and occupy the home--or to let other people (e.g. family) use and occupy the home. Even though you do not want your co-owner's son there, if you co-owner allows him to stay, you cannot remove him, since the co-owner has the right to let his son stay in the home. You cannot remove the son over the co-owner's wishes.
If you co-owner will agree to remove his son and the son does not go, then consult with a landlord-tenant attorney, who will know how to file the correct legal action to remove him.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You cannot evict him by yourself: you need your co-owner to agree to evict him. The problem you fact is, each co-owner has the same and equal right to use and occupy the home--or to let other people (e.g. family) use and occupy the home. Even though you do not want your co-owner's son there, if you co-owner allows him to stay, you cannot remove him, since the co-owner has the right to let his son stay in the home. You cannot remove the son over the co-owner's wishes.
If you co-owner will agree to remove his son and the son does not go, then consult with a landlord-tenant attorney, who will know how to file the correct legal action to remove him.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.