How do i evict a son who wont work, pays nothing and is 26 years old. I'm the homeowner

Question

My son is 26, he doesn't work. My wife and I are pensioners. We keep him and he doesn't contribute in any way. We own our house. We have reached the end of our patience and help. How do we get him out of the house? If anyone can provide the answer we would be very grateful. We live in the UK. Thank you.

Answer 1

You can always politely ask a person to leave, which could solve your problem. If that doesn't work, you will have to take legal action: you cannot change the locks or force him out (without the risk of a costly lawsuit). In Washington this would probably be the slower ejectment process, since you are not in a landlord-tenant relation. The actual process depends on the laws of your jurisdiction, though it is doable in any US jurisdiction. You probably have to hire an attorney to navigate the process, since an unlawful detainer action would likely be dismissed (that is, you have to file the correct action, not just some action that's in the ballpark).

Answer 2

In NSW, Australia you have the right to decide who lives in your home, including adult children.

You start by asking them to leave.

If that doesn't work you can try mediation through a Community Justice Centre or a private mediator.

If that doesn't work you can turn to the law. If they pay (or have paid) to live there (which may include performing maintenance on the home or caring for you or your pets) then they are a tenant and landlord-tenant law applies. If there is violence involved then you can seek an Apprehended Violence Order. If they are a guest then you can withdraw permission (in writing) and turn to trespass law.

Answer 3

In New Zealand, he would be just an adult with no legal right to stay at the place. Merely being your son does not give him any such rights. Therefore, you would simply give him tresspass notice. Then, if he does not leave in reasonable time you can call the police to tell him where to get off.

Comments under this answer suggest that there is likely to be landlord-tenant relationship, and therefore, he cannot be simply declared trespasser but rather needs to be evicted through the court. Not so.

Firstly, the definition of tenancy in NZ requires a consideration in exchange for the right to occupy:

tenancy, in relation to any residential premises, means the right to occupy the premises (whether exclusively or otherwise) in consideration for rent; and includes any tenancy of residential premises implied or created by any enactment; and, where appropriate, also includes a former tenancy

The "tenant" here "doesn't contribute in any way".

Secondly, should he claim to be contributing something, the presumption of no intent to create legal relations will apply because of family context and absence of any evidence of the opposite (e.g. written agreement). No contract here whatsoever, hence no protection under the tenancy law.

Thirdly, in the unlikely event that his tenancy is recognised, it could only be boarding house tenancy because the owner/landlord lives in the house as per s5(1)(n):

(1) This Act shall not apply in the following cases:

(n) where the premises, not being a boarding house, continue to be used, during the tenancy, principally as a place of residence by the landlord or the owner of the premises or by any member of the landlord’s or owner’s family:

And for boarding house tenancies, non-paying tenant can be declared trespasser in just 48 hours (s66U(1)(b)(i)):

(1) The landlord of a boarding house may terminate a boarding house tenancy—

(b) on 48 hours’ notice, if—

(i) the landlord has, by written notice to the tenant, required the tenant to pay any rent in arrears within a stated period of not less than 10 days, commencing on the day the notice is given, and the tenant fails to pay the rent in arrears within the stated period;

Finally, in the event the unwanted occupier claims to be a squatter: s65(2) clearly provides that where there is a person lawfully entitled to possess the house (the OP/owner in this case), trespass notices will stand in power. The police, however, may be reluctant to act without a court order.

Answer 4

This is how I would handle it. Son, mother and I are selling the house and moving into our new 1-bedroom place in 3, 6 or 9 months and there is no room for you there and we are not allowed to have you there for any length of time due to the contract and it's rules. We have some bills we have to pay which is why we had to sell the house and move. Maybe say that you refinanced and the new contract does not accommodate extra bodies in the house. Or, you need the room he is sleeping in for something and it will be remodeled on such and such a date. But, until then, he had time to get an income, job, whatever, and find his own place to live.