Evicting Your Adult Child
EVICTING YOUR ADULT CHILD
By RaQwin Young
Sometimes, despite your best parenting efforts, the relationship with your child becomes strained. This strained relationship may create a disruptive home life when the child is living with you, and when the child is an adult, it might be time for him to move out.
Often, nicely asking your child to find a new place to live is enough to get him to leave the nest. However, if you ask and the child refuses, you are generally not required to allow him to remain in your home. When a child refuses your requests to leave, you could treat the child as a trespasser and call the police to have him removed. But, the police might not want to get involved, claiming you need to settle the matter through a formal eviction process with the court. The eviction process in Colorado is governed by C.R.S. §§13-40-101 to 123.
Under the provisions of C.R.S. §13-40-107(3), “[a]ny person in possession of real property with the assent of the owner is presumed to be a tenant at will until the contrary is shown.” This appears to apply to the situation of an adult child living in the parents’ home; therefore, your child would be considered a tenant at will. This is relevant in eviction matters, as the eviction process varies depending on how the person to be evicted is legally defined.
To evict your adult child as a tenant at will you must first provide notice, which can be given through a Notice to Quit. The requirements of this Notice are set out in C.R.S. §13-40-106, which states that the Notice must be made in writing, specify the grounds for the eviction, describe the home from which the child is being evicted, and include your signature or the signature of your agent or attorney. For tenants at will, the period of notice required is three days. If the adult child remains in the home after the requisite notice period, you may then file a Complaint in Forcible Entry and Detainer, a Summons in Forcible Entry and Unlawful Detainer, and an Answer Under Simplified Civil Procedure with the county court in which your home is located. Once you have filed the required paperwork with the court and your adult child has been properly served, a hearing would be held to address the eviction matter. Should the matter be resolved in your favor, a Motion for Entry of Judgment would be completed for the court to review and upon approval, the court would issue an Order for Entry of Judgment. Your adult child would then have 48 hours from the date of the judgment to vacate your home.
If the adult child has put you in imminent danger through abuse or threats, you may file for a protection order with the court, which would prevent the adult child from remaining in the home. Other variables may also affect the process by which a parent may attempt to remove an adult child from the home, such as whether the child has ever paid rent or contributed to household expenses. The attorneys at Columbine Law Group can guide you through the appropriate process, and help restore you to a peaceful home life.