Rental Basics in 95350>Question Details

sharonmflemm…, Renter in Modesto, CA

Can I evict an adult child who is not on my rental agreement?

Asked by sharonmflemming, Modesto, CA Thu Jan 31, 2013

Please help!
I rent a home in Stanislaus county, Modesto California. I allowed my 32 year old daughter to move in and she agreed to pay rent. She paid rent every month for three months, after a disagreement in which I asked her to clean her room she informed me she would no longer pay rent and I would have to evict her to get her out. Can I evict her without involving the home owner.

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Dddebi2000’s answer
I have a rebellous and Disrespectful 17 yr old, and have had to call the PD on her a few times. I have been informed that when it comes to our Minors in CA we cannot as they say "Kick" them out, BUT when they become Adults we Can, only we MUST go through the Eviction Processes weather we Rent or Own the Home. Yes it may be Cold, and if she hates me so be it. The laws in this state have made it very hard to take care of the issues that SHOULD of been taken care of as a Teen. So If I must do it when she turns to an Adult so be it! I know what she will be getting for her 18th Birthday!
0 votes Thank Flag Link Sat May 4, 2013
Think about this:
You will be a PARENT for the rest of your life.
You may be severing your relationship; for the rest of your life!
Is it worth it?
Can you FORGIVE and communicate with her?
Is there a way you can help her get on her feet?
"What we have here is a failure to communicate!" (cool hand luke, 1977)
1 vote Thank Flag Link Thu Jan 31, 2013
Thumbs up to Ron Thomas! Please proceed with caution and know laws vary from state to state. A real estate agent is the wrong person to address this question to. If you can't resolve this issue and feel you must get her out check with local law enforcement and an attorney prior to dealing with this unfortunate situation.
0 votes Thank Flag Link Wed May 22, 2013
Having to deal with a similar situation, since you are the parent and she is the daughter, like me, simply say you need to have your stuff out of here by the end of the week. At the end of the week, change the locks and provide your landlord with a copy of the new key. If she breaks into your house try calling the Police to let her know you are no longer taking her crap.
0 votes Thank Flag Link Wed May 22, 2013
Talk to your daughter and ask her the reason for eviction. Also talk to the landlord about it to find a solution. In adverse case, you take the help of a legal expert.
0 votes Thank Flag Link Sat May 11, 2013
It would be much easier and less costly to work something out. for legal advise you should meet with a local attorney, the first meeting is often free with most lawyers to give you some direction. if she paid you rent she may have some rights as a renter although not on the lease.
0 votes Thank Flag Link Tue May 7, 2013
I'm not a lawyer, so this isn't legal advice. For that, you need a lawyer. However...

You're not the landlord, so you can't evict her. On the other hand, if she's living there and not on the lease, the landlord could evict you. Check the terms of the lease.

Another possible issue: Is there any written agreement between you and your daughter? In real estate, if it's not in writing, it's not enforceable. An oral agreement isn't enforceable. And--again, I'm not a lawyer--if you did have something in writing and it violated the terms of the lease, it's doubtful that could be enforced.

You can toss her out if you wish. That's different than a formal eviction. Call her bluff. Toss her out.

Ron makes a valid point about family. But at age 32, a woman who's living at home, refuses to clean her room, and says the only way she's going to move is if she's evicted needs to grow up a bit. Help her to grow up. That's also the role of a parent and of a caring family member.

Hope that helps.
0 votes Thank Flag Link Tue May 7, 2013
Don Tepper, Real Estate Pro in Burke, VA
Hi There,

I would suggest you to talk to your daughter. You must ask her the reason behind suddenly stopping the payment of rent.
0 votes Thank Flag Link Tue May 7, 2013
My understanding is and in most cases your lease states she has to be on the lease to live in the home, after the age of 18 in most cases.
careful you may have broken your lease agreement. Try to solve this between the two of you. After that seek the help of an attorney. Molly
0 votes Thank Flag Link Thu Jan 31, 2013
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