You just won’t come off it will you? Look, your answer was just plain wrong and you are just trying to dilute and muddy the issue. It was a generic question not referred to any particular state but I bet the answer is substantially the same for each and every state and even for most western countries: you cannot evict a tenant without due notice. As simple as that.
And your answer was that yes you could. And you went on to give irrelevant examples of someone shooting someone who approached their house.
Look, it is very clear you are just trying to confuse the issue. If you are doing this deliberately you are being dishonest and of no help in this thread. If you are not doing deliberately then you are just totally confused and you are no help in this thread. In either case you are being no help in this thread and I suggest you just either admit your mistake or, if you can’t do that, then just stay out of the thread.
Sailor, Your writing skills in this post are extremely poor. I don’t know what to make of it. I know you are smart enough to do it. Please try. This is a collaborative exercise and, remember, we are all on the same team.
Shagnasty–I have to agree with the posters who think you came into the thread and confused the issue. I had a hard time telling where your examples applied to the OP or anything related. Talking about tresspassing cases in a specific state with deadly outcomes hardly helped the matter.
*Not a warning. Just trying to make the thread/discussion run a bit smoother.
And let’s all get some more legal cites that apply to the OP.
Someone is not a full adult until they are 18 (or whatever age).
IIRC you legally can’t kick out a minor anymore without going through some fairly involved process. Heck in some states it sounds like you can’t even punish the little monsters to get em to behave.
Now, some states have a notification of eviction requirement even if no lease or contract or rent is involved, as long as its the persons primary residence or some such thing.
Lets say its a five day notice.
My WAG would be you could not serve it to the 18 year old 5 days before his/her birthday because they aren’t yet an adult to properly receive a legal document.
So, my guess is you can’t give em the boot until their 18th birthday plus how many ever days are required for legal eviction.
Can you give a thirty day notice to a minor, or do you have to wait until s/he is eighteen? There was a trainwreck of a thread awhile ago about a poster who was teaching his young kids that they had to move out on their eighteenth birthday. Would something like that (or even giving notice at seventeen to be carried out at eighteen) be enough, or could the kid hold out for staying until he reached eighteen years and one month?
**billfish ** slipped in while I was asking the same question.
which would seem to apply here. This is the act that spells out how eviction works. It doesn’t, however, tell me what the rights are for people who do live in rooms in the living quarters of the landlord. I can’t seem to find that. It may be possible to evict people from your house without going through formal notice in Alberta.
Everything I know about evictions I’ve learned from watching “Intervention”. They certainly lead the drug addict, alcoholic, prostitute child to believe that they are going to be out on the street immediately if they say no to getting on the plane and going to rehab.
Actually, I live in South Carolina and I am a law student. Yes. In S.C., a guest, if occupied more than 30 days must be evicted by Adverse Possession under Squatter Rights. If you possess a piece of property for 10 years with force you legally own it and no where in the U.S. can a parent “kick-out” a child at any age. If the child is paying rent, the parents effectively are landlords and must follow the Landlord-Tenant Act, where the only reason to evict is failure to pay, refusal to pay or lease violation. If not paying rent, law follows science in the fact that a child is 1/2 mother and 1/2 father via DNA replicated, therefore, if the parents own it and the child is the parent(s) copied, then the child owns it. It’s how we have the right to inherit. Regardless, in a supposed “civil” society, just because a parent doesn’t like their adult child’s behaivor is no legal reason to put them on the street.
Not true. Like I posted earlier, children are the parents regenerated by DNA. If the parent owns the property, then the child owns the property. The term is hereditaments for life (a child is a life tenant and has permanent right to the property) and remaindermen due inheritence. People in American are so ignorant when it comes to law. If it doesn’t seem right or moral, most likely, by law it isn’t.
Welcome to the Dope. We appreciate cites around here, so you should provide some, especially for your inane theory of “children own what the parents own because they’re clones.” A moment’s reflection should be all that’s required to see why that’s not even close to correct. The same goes for your “You can’t kick out your adult kids” assertion.
Finally, please be aware that you’re replying to a 4-year old thread.
I think you can. My own kid was really a handful at that age and I threatened to kick him out. HE actually called the police on my threat and sadly for him, the police came out and informed him that the day he turns 18 I can kick him out, out, OUT! No notice required. This was 6 years ago in the state of Virginia. (He shaped up after that and turned into a pretty wonderful adult!)
When I lived in NJ, we were buying a house in town from some people who were having a new house built, also in town. They were happy to pay us a premium to stay in their house until their new house was finished, and we were happy to let them, since we were renting a house with a month-to-month lease. Our lawyer (all closings in NJ use a lawyer) said that if they paid us anything above our mortgage costs it would establish a landlord-tenant relationship, which would make kicking them out much more difficult if it ever came to that. He set up something instead with a penalty payment if they stayed past a certain date (which we all knew they would) which got us our premium without making the relationship landlord-tenant. Everything went very smoothly so I don’t know what would have actually happened if we needed to kick them out.
Second, when I was on site council for our high school, the principal said that 18-year-olds getting kicked out was reasonably common in our far from poor neighborhood. I’ve never heard of any legal battles. I don’t recall any mention of official notification.
Oh, well, then, that settles it! :rolleyes:
This is what will happen if you put someone that has been living in your home out and refuse them entry to come back in, i.e. change the locks, and they call the police: the police will force you to let the person back in and change the locks back or give them a new key. They will inform you that this is a civil matter, and that you need to handle it through civil court, i.e. eviction. You can not use “self-help” to evict. You can’t turn off the power, heat, or water. You can’t threaten or abuse, and you can’t block access to their parking or entering the house. Residents have legal rights, even if they are not on the lease, do not own the house, and even if they don’t pay rent. If you doubt this, call your local police department or flag down an office, and ask.
Who is this a response to? The entire thread? If it is a response to wrldovcare , I would say it is a case of the officer doing what needed to be done to get the kids ass in gear.
If it is to Voyager, I do not really see the need for the :rolleyes: He even said he didn’t know what would happen.
Hardly a legal scholar, but I used to be a lawyer. Wouldn’t any sort of action which caused the guest to rely on being able to live in a place throw it into contract law and thus put it under the state’s lease laws? And if so, wouldn’t a child who had not been warned that when the clock struck midnight on his 18th birthday, he would be asked to leave have this reliance argument?
A person that pays to live with you is not a tenant and you are not a landlord. They are a boarder or roomer and you are the owner. Look up “[your state] owner roomer law” in Google and you’ll find some stuff that pertains to you.
I know in PA, where I lived and rented rooms in my house, I did not have to evict someone that lived with me. I could have them out in, I think, three days. Maybe it was five. It definitely wasn’t 30 days. If they were breaking the law by, say, making meth in the tub, I could kick them out in less than 24 hours, IIRC.
Whether you live with a person is an important distinction under the law. I presume your newly of-age child would be a boarder, so you can research that law in your state.
All I know is that in NJ there was the implication that not being in a landlord tenant relationship would make it a lot easier for us to kick them out if that became necessary. Since it didn’t, I don’t know how easy. Here it appears to be very easy. A 19 year old might have a hard time getting a lawyer for this case - not much money in it, and social justice lawyers probably have more important cases than representing lazy kids.
But I took the response as to be about the entire thread.