Can Parents (Legally) Remove Their Adult Child from Their Home?

Posted October 17th, 2018 by .

Categories: Family Law.

adult childAfter graduating from high school, getting a car, and turning 18, your child has finally reached adulthood. However, your plans to turn your kid’s room into a man cave might have to be put on hold. He says he plans on staying, even against your own wishes. This situation leads to an interesting question – can you kick your adult child out of your home without any legal ramifications?

According to New Jersey’s Anti-Eviction Act, you can (regardless of what the act implies). First of all, those who are 18 years of age are considered adults. If your child is 18, he or she would be considered your adult child. If your child overstays their welcome and refuses to leave, you can start by sending him or her a certified eviction notice. You will also need to file a complaint with the Landlord/Tenant Section of the New Jersey Superior Court for the county in which you live.

This Act is typically designed for people who are living in some type of rental property, such as an apartment or condominium. Because of that, property owners need proof of one of the offenses described in the Act. However, that kind of evidence is not needed when it comes to throwing your adult child out of your home.

Before you send your certified eviction notice to your child, you will need to write a formal letter stating that he or she will no longer be permitted to reside in your home after a date that is at least 30 days from the date of the notice. You cannot give that letter to your child, but another adult can. Mail the letter to your child at your own address as certified mail with a return receipt requested.

After you send the formal letter to your child and file the complaint as stated earlier, the court will provide you with a hearing date and time. At this point, all you must do is pay the fee for filing and service of the complaint.

When it’s time for the hearing, bring the adult who served your child the papers regarding the eviction and a copy of the documents, including the return receipt. If you are able to prove to a judge that your adult child should be evicted, the court will issue you a judgment for possession. After the judgment is issued, you will need to obtain an application for a warrant for possession.

If your child refuses to leave your premises at this point, file the application. The court will then issue the warrant for possession to a court officer who will serve it to your child. If this is unsuccessful, you will need to obtain an eviction application from the court. After you file the application and pay the appropriate fees, the court will arrange for your child to be evicted. It would then be in your best interests to get your locks changed.

Contact Our Law Offices Today

At the Law Offices of Anthony Carbone, we take on matters of family law every day in New Jersey. If you need legal representation when going up against another family member, don’t hesitate. Contact us immediately so we can set the issue straight. The consultation is free.

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