A variety of factors play in to the process of evicting a family member. If your son has a lease with you, your state has a protocol for terminating the lease. As long as your son is not a legal dependent, you need to file the correct papers and possibly go to court. If your son does not have a lease, you may need to file an order of protection against your son if he is being abusive. Many states will not allow you to use trespass laws to have your son removed if you invited him to live there.
Step 1
Serve your son with a Notice to Quit. This is the first step a landlord needs to take to regain possession of a rental property. Even if your son is not technically renting from you, you still need to follow the law to have him removed. Western Michigan University explains that the reasons for serving a Notice to Quit include non-payment of rent, health hazard or injury to the property and termination of tenancy. Notice to Quit documents are available at your county clerk's office and sold at office supply stores.
Step 2
Pick up eviction papers at your county clerk's office. A petition and notice of petition will set the eviction in motion.
Step 3
Serve your son with the eviction papers before the court date. Check with your county to see how many days in advance he must be served. Be sure the person serving your son is at least 18 years old. You can also mail the papers to him using registered mail.
Step 4
File your notice of petition with the court clerk after your son has been served with his copy. This must also be done within a certain number of days.
Step 5
Give a copy of the eviction warrant to your local police precinct. Only a marshal, constable or sheriff can serve your son the warrant of eviction. Your son will be granted a certain number of hours before he is required to leave. If he violates this grace period, he may be removed by law enforcement.
Tips and Warnings
- Laws for evicting someone are different in each state. You will not be able to evict someone if you are not the propetery owner or the person on the lease. If you tell your son that you're willing to take him to court to be removed, he may be willing to go voluntarily. Laws for evicting someone from a mobile home may differ from other eviction laws. Use a typewriter or computer to fill out eviction and Notice to Quit documents.
- It's in your best interest to follow the law when attempting to evict someone. If you try to force your son out of your home, he may be able to sue you for harassment or another criminal violation. Laws for eviction must be followed precisely. Any error on your part can delay the eviction. An eviction notice will be on your son's record for seven years. Be sure he knows this before refusing to leave.
Things You'll Need
- Notice to Quit
- Eviction papers
