Can your parents kick you out without notice
Parents providing housing for their children generally have an obligation to give them proper notice before requiring them to leave, even after the child reaches the age of majority. However, the specific notice requirements vary based on the laws and regulations in place where the parents and child reside.
Notice requirements for kicking out a child
In most locations, parents need to provide written notice to their child before kicking them out of the home, even if the child is over 18 years old. The required notice period depends on several factors:
Age of the child
If the child is under 18 years old, they are still considered a minor. Kicking out a minor child without notice or alternate living arrangements in place would generally be considered child abandonment or neglect. It violates parents’ basic duties to provide their minor children with housing, food, care, and supervision.
If the child is 18 years or older, they are legally an adult. Parents typically cannot kick them out without any notice at all once they turn 18. However, they may have the ability to remove them from the home with proper written notice as outlined by law.
Length of residence
The required notice period before a child can be removed from the home often depends on how long they have lived there. In many areas, tenants who have resided in a property for an extended time are entitled to more notice before being compelled to leave than newer tenants. Similar provisions for longer notice periods often apply to adult children living with their parents.
In some states, an adult child who has lived with their parents for over a year or two years may need to be given 60 days notice or more before they can be forced to move out. The notice timeframes are typically shorter for adult children who have lived with their parents for less than a year.
Rental payments from the child
If the adult child has a rental agreement and pays rent to live in their parents’ home, state laws for ending tenancies and evicting tenants would apply. These laws strictly define notice requirements based on the tenant’s rental term or length of occupancy.
Since the adult child is paying to occupy the property in this situation, the parents must follow proper procedures for ending tenancies before forcing them to leave. This usually requires 30 days written notice or more.
Disability status of the child
Parents cannot evict an adult child from their home without notice if the child has a disability that prevents them from being able to support themselves. Disabilities like chronic illness, mental illness, or developmental delays may mean the adult child relies on their parents for housing related to their impairment.
If the parents have been supporting a disabled adult child, they typically must go through a formal process with written notice before cutting off this vital housing support. Specific exceptions or provisions may apply in some areas as well.
Providing proper written notice
In most locations, the **written notice given by parents to
Serving the notice properly
To properly terminate an adult child’s tenancy and compel them to leave the home, parents need to serve notice papers correctly as specified by law. Common requirements include:
- Giving notice directly to the adult child tenant
- Sending the notice by registered certified mail
- Having a process server personally deliver the papers
- Posting the notice on the tenant’s bedroom door
If notice papers are not dealt with properly, the notice may be found invalid. Parents would then need to give new notice and allow full notice periods before the adult child has a duty to vacate.
Notice exceptions in special circumstances
While standard laws require a written notice period before parents can kick out an adult child, some specific circumstances can alter notice rules. Possible reasons notice might not be required include:
Dangerous or threatening behavior
Most areas have expedited eviction rules when tenants engage in violence, make threats, or break laws. If the adult child displays violent, threatening, dangerous or abusive behavior, the standard notice period may not apply.
Significant lease or agreement violations
Serious violations of written rental agreements or conduct policies may also waive notice rules for removal. Common major violations include non-payment of rent, property damage, or interfering with others’ quiet enjoyment.
If the adult children signed an agreement outlining rules for living at home but then significantly violated those rules, parents may not need to allow the full notice period before requiring them to leave.
Health and safety emergencies
Situations jeopardizing health and safety can also justify quick action to kick out a problematic house guest. This includes events like fires, floods, or hazardous living conditions caused by the adult child’s negligence or misconduct. State laws differ on what qualifies to bypass standard notice timelines related to emergencies that make a home uninhabitable.
Refusal to leave after getting full notice
Once parents properly give full written notice requiring their adult child to vacate, no further notice may be necessary if they refuse to leave when the notice period ends. The parents could potentially pursue formal eviction once proper notice expires if the adult children overstay without consent.
Consequences for removing a child without notice
If parents kick their adult child out of the home suddenly without giving proper written notice required by law, it can lead to serious consequences. According to state legislation, attempting wrongful eviction or self-help removal methods through unlawful exclusion or ouster can create civil and criminal penalties.
If parents lock an adult child out or forcibly evict them without legal process, they may face civil liability. Their adult child can sue them to recover financial damages related to wrongful eviction statutes. State laws outline various remedies available through lawsuits for improper notice violations when tenants get removed against their will.
Some states also allow criminal charges against landlords or parents who resort to unlawful self-help tactics instead of formal lawful procedures for removing tenants or occupants. Lockouts, utility cutoffs, or taking possessions may qualify as harassment or criminal activity related to illegal evictions without notice in some areas.
Getting legal removal orders first and providing any required notice remains crucial for avoiding claims of improper exclusion. Court orders justify law enforcement assistance to compel unwilling occupants to vacate, while self-help measures generally violate statutes protecting tenants from improper lockouts.
Seeking legal advice
The numerous intricacies around providing sufficient notice show why getting legal advice remains so important for addressing removal of an adult child from the home. An experienced lawyer can review:
- Applicable notice and eviction processes based on the child’s age, renter status, disability issues, and duration of stay
- What qualifies as full proper notice when asking an adult child to leave
- How to serve notice papers appropriately to comply with laws
- Available penalties and liability for removing the adult child incorrectly
With competent representation, parents can understand what written notice they need to provide before requiring their adult child to move out. Counsel can also help lawfully address any refusals to vacate once notice expires.
Overall, applicable laws require parents to give their adult children adequate legally-compliant written notice in advance before kicking them off the property. While exceptions apply in certain safety-based scenarios, following proper processes remains essential to avoiding wrongful eviction claims.