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  1. #1
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    Adult Child Evicted from Parent's House

    I have a friend of mine that is in a precarious situation and I am wondering what the LE community thinks about this.

    She is 23, lives at home with her mother, and is a grad student full time with an on campus research scholarship (meaning she cannot seek other employment as a term of her scholarship and receives a $1k per month stipend). She and her mother got into an argument over the phone the other day and her mother kicked her out (there were no threats made to her mother that would trigger some kind of safety issue cause). Her mother has done this same thing several times over the last 3 years to my understanding, but this is the most recent case.

    When she got kicked out, her mother also made her return her car to her house and did not allow her access to the house so she could not 1) drive any where meaning she had to walk because there was no public transportation in the area, and 2) she had nothing except what she was wearing. Basically she was on the streets. The money she makes is no where near enough to live on and since she can't get another job she was SOL.

    My question is specifically about being barred from entering the house. Yes, the house is her mother's property, but her clothes, school materials, toiletries, etc are all in her room in that house and those things are her property and not her mothers. Is there some type of legal authority that would enable her to enter and retreive her property?

    Also, since she has been living there since she was 18 (5 years) is there some kind of implied rights as far as having access to the property even though there is no formal tenant/landlord lease agreement? I know if there was a lease signed with a $1 rent attached to it the mother would not have a right to arbitrarily kick her out but I am not sure if there is some kind of implied rights after living with a person for a certain period (I know Virginia is very grounded in Common Law and actually grants marriage rights to couples that live together for several years).

    VA LEOs may have a better knowledge of the laws that apply in this case.

    Thanks!

  2. #2
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    Dinosaur32's Avatar
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    Have no idea about VA law, but in NY, mom's action would be illegal. No self-help allowed to evict a resident of a house. In this case since there is not a landlord-tenant relationship, mom would have to go to court to begin what is known as an "ejectment" action.

  3. #3
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    Same here in FL. One party can not just decide to kick the other out without going through the formal eviction process in court and then having the sheriff's office come out and take care of it.

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    Same eviction process....so many days after written letter.

    She is allowed to gather her belongings. The mother should allow this..if not..have her get some friends...have a way of transporting her belongings...ie truck..suv or whatever...and then go!

    If mom doesn't allow this...get the above mentioned ready...and ask the police to do a civil standby. Mind you...it is the lowest priority call there is.....so it's going to be a waiting game. Don't call at night...or on the weekend...the less busy it is..the faster they will arrive.

    When they arrive...you have a certain amount of time to gather your belongings....I usually allowed no more than 15 minutes..
    This profession is not for people looking for positive reinforcement from the public. Very often it can be a thankless job and you can't desire accolades, because those are not usually forthcoming. Just do your job to the best of your ability and live with the decisions you've made.

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    In Alabama, to the best of my belief, the mother would have to formally evict, which would involve the Sheriff's Dept. It's essentially a Civil matter. The mother is NOT justified in holding the daughter's belongings, and should she fail to allow the daughter to recover them, the daughter could prosecute for theft in amount of the valuables in question. What's important for the OP to know, is the law(s) of their state as it applies to this type situation.

  6. #6
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    In Texas she'd need to do a legal eviction, that wouldn't fly as the ADULT (NOT an adult child), has a legal right to be there as a legal resident.

    You should probably post your question in the Virginia section of the board.
    Moooooooooooo, I'm a goat

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    A formal eviction is nice, but if mom screams get out and the daughter gets out, she moved out. Was it legal? Maybe not, but she left, moved out. Its a civil matter, not criminal. Getting a lawyer is probably the best bet.

    I will also add that family disputes where a screaming eviction is issued usually result in moving back in and playing the entire game again a month later. Its silly family stuff tat the police shouldnt be involved in anyway, unless there is violence or some other criminal law violation.
    It takes a Wolf.......

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    Last edited by RPD07; 05-02-2012 at 05:45 AM.

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    In Louisiana the daughter (or anyone given legal right to sleep in that home, this gives them legal residency) cannot be exiled from the residence without legal eviction through city our county court. Eviction would be served formally by our city/ward marshals office (LE arm of civil court). The daughter in Louisiana could legally break into the home anyway she saw fit to enter and there is no criminal law broken in doing so. The mom would have to take her to civil court and sue her for any damages incurred in the break in. If the car is in the daughters name she can legally take the car and mom cannot hold it from her even if mom pays the note. If both are on the vehicle registration they could continue to "steal" it from each other legally. We get that all the time with seperated couples who takes the car as soon as the other one parks it (nothing we can do about it). Might want to post in the VA section to be sure.
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    Quote Originally Posted by creolecop View Post
    In Louisiana the daughter (or anyone given legal right to sleep in that home, this gives them legal residency) cannot be exiled from the residence without legal eviction through city our county court. Eviction would be served formally by our city/ward marshals office (LE arm of civil court).
    There is no lease agreement between them, but she has just lived there because she is a part of the family. However, she has legally been an "adult" and living there since she was 18. Even though there is no written lease, would there be some implied legal right to reside there pending a civil court eviction?

    I will also post in the VA section.

  11. #11
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    In Louisiana, yes. From the looks of the other states postings this seems to be pretty common in most places. Though only a VA cop can give you the exact answer for you. In Louisiana you don't have to be on the lease, mortgage, pay rent or anything just allowed to lay your head there and you have legally established residency there as a result. We deal with this all the time, hoochie momma takes home thugalicous from the club and he starts shacking up with her, after a week he gets arrested for his usual stuff and spends a month in jail, he gets out and comes back and she won't let him back in because she has found a new thugalicous, he gets ****ed and kicks the door in and she calls us saying there is a home invasion in progress. We run code only to get there and discover he lived there prior to getting arrested and was never evicted, we tell her theres nothing we can do and she blames us for being worthless (ie....she screwed up herself and wants us to break the law to clean it up for her). Or the other scenario of he moves in, and after she realizes he is sleeping with 9 other hot azzes she gets P.O.'d and wants him out of the home. We inform her that its his home also. She argues he is not on any paperwork and that she allowed him to move in last week we inform her where to go to start the eviction process and leave.
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  12. #12
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    Answer varies by state. She could put her out in Indiana as there is no contractual obligation between then. " (2) not having a contractual interest in the property, knowingly or intentionally refuses to leave the real property of another person after having been asked to leave by the other person or that person's agent" is the actual statute from our trespass laws. Police could help get emergency items, but non-emergency items will have to go through civil sheriff's office/small claims court.

  13. #13
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    Quote Originally Posted by RPD07 View Post
    Not in Virginia, but this is from the NC point of view (as described by our police attorney)

    Due to the relationship being parent/child with so sort of "payment" made to the parent by the child, it is not a landlord/tenant relationship. Because of that, the mother CAN have the daughter removed without any eviction process. I know, it sounds weird but because there is no agreement (verbal or written) that child pays X amount a month to cover bills, then the child is a guest and can be removed at any time. Generally what we do is have the person trespassed. We also will wait for a little while so the person being removed can gather a few necessary items before leaving. Then if the person being removed ever needs to return to grab the rest of their belongings, the police are called for a "Request for Service" to stand by while the remaining items are gathered.

    Again this is NC and is what is relayed to us by our attorney. Now, if the child paid the parent monthly, it becomes a whole new ball game where a formal eviction process must take place.
    And I'm also from NC and will disagree. The parent has to have the child legally removed. In addition, she has to give the young lady her stuff back upon request. Now, if the girl goes and gets all her stuff then there is no need to evict her, but mama can't have it both ways.


    I don't agree with your opinion, but I respect its straightforwardness in terms of wrongness.

  14. #14
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    Quote Originally Posted by CruiserClass View Post
    Answer varies by state. She could put her out in Indiana as there is no contractual obligation between then. " (2) not having a contractual interest in the property, knowingly or intentionally refuses to leave the real property of another person after having been asked to leave by the other person or that person's agent" is the actual statute from our trespass laws. Police could help get emergency items, but non-emergency items will have to go through civil sheriff's office/small claims court.
    Exactly. She can call the police to help her get her clothes, toiletries, etc. Anything that's disputed would have to go through civil court.s

  15. #15
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    Quote Originally Posted by luckydog View Post
    Same here in FL. One party can not just decide to kick the other out without going through the formal eviction process in court and then having the sheriff's office come out and take care of it.
    Same for my state, Ga. Establishing a residence triggers the eviction requirement.

  16. #16
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    Last edited by RPD07; 05-02-2012 at 05:45 AM.

  17. #17
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    In NY if the daughter left as a result of the mother's actions, the Courts would force mom to let daughter back in, absent a Court order removing the daughter. Daughter is not a guest but a resident since she resided in the premises with the permission of her mother. If mother prevails in Court, daughter will be given a date to vacate the premises taking all her possessions. If daughter leaves without her belongings, mom will have to follow the local rules (differ by county) as to how to handle them.

  18. #18
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    Your friend established residence so she has a legal right to be on the property. As a police officer at this point I couldnt 'force' the mother to let her daughter inside. I also couldnt keep the daughter from entering. If the two cant work it out the only other option is to take their mess to Judge Judy!
    Last edited by DeputySC; 01-08-2011 at 09:30 AM.

  19. #19
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    - "mom if your feel threatened by your daughter go down to the Probate court and request a Temporary Protection Order. O
    Last edited by ryker; 04-09-2012 at 11:06 AM.

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    Quote Originally Posted by RPD07 View Post
    Oh, I agree with you. I'm just saying how our police attorney has interpreted that kind of situation. If there is no from of payment, then residency hasn't been established. I believe that it has been established (duh, she's living there with all her crap with no where else to go) but we've been told otherwise....
    Smurfette is correct. In NC, she'd have to go through formal eviction. Payment consists of more than "rent" or "cash", and as an officer on the scene I'm not going to cross that line and make that determination of exactly what the daughter contributes to the household. There are more circumstances out there than just "landlord/tenant" or "guest". Mom can go through the courts like everyone else. Sounds like you guys need a new police attorney.

  21. #21
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    Quote Originally Posted by ryker View Post
    - "mom if your feel threatened by your daughter go down to the Probate court and request a Temporary Protection Order. Once that TPO is completed we will remove her". She would only take those limited things belonging to her that the mother agreed to. All other property will be handled by a Judge.

    She isn't a child. She is a 23 yr old adult who should show respect to her mother and the person paying for her.
    OR, the flip side of the coin is charging mom for larceny if she's refusing to give property back to someone she's claiming doesn't live there.


    I don't agree with your opinion, but I respect its straightforwardness in terms of wrongness.

  22. #22
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    Dang. That's why you are in charge around here.^^^^^

    That, and you say tater.

  23. #23
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    In Az., with no formal agreement, the daughter goes. Being an adult, she is a guest of Mom, however she is allowed to retrieve her property. Mom refuses, Mom goes to jail for theft. These things hjappen all the time it seems and once it's explained to them the homeowner/leasee usually doesn't have a problem cooperating.

  24. #24
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    Just saw this and will only echo/confirm what has already been said. Mom cannot arbitrarily toss an adult child who has legally resided at the home onto the streets on a whim of anger. She has to evict. Same goes for anyone who has been allowed to reside in the home. Once in, they have to be legally evicted. Happens ALL the time around here. BE CAREFUL WHO YOU ALLOW TO BOARD AT YOUR HOME!

    That's the legal response. The practical response is for your friend to pull up her panties, grow up, and make arrangements for an adult life of her own. I know it's probably much easier said than done but that's life. I applaud your friend for pursuing an education but when reality sets in, she's going to have to make some tough choices. Get a freakin job. Take the hit on the scholarship. Find an apartment with some trusted roomates and stop relying on Mommy to see her through life. Continue to pursue the education when living necessities have been arranged.

    Our houses are protected by the good Lord and a gun.
    And you might meet 'em both if you show up here not welcome son.

  25. #25
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    Quote Originally Posted by KapsFB View Post
    That's the legal response. The practical response is for your friend to pull up her panties, grow up, and make arrangements for an adult life of her own. I know it's probably much easier said than done but that's life. I applaud your friend for pursuing an education but when reality sets in, she's going to have to make some tough choices. Get a freakin job. Take the hit on the scholarship. Find an apartment with some trusted roomates and stop relying on Mommy to see her through life. Continue to pursue the education when living necessities have been arranged.
    Rock solid advice.


    I don't agree with your opinion, but I respect its straightforwardness in terms of wrongness.

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