As a young adult, you may be eagerly anticipating the day when you can move out of your parents’ house and gain independence. However, sometimes the prospect of leaving home is not entirely voluntary, and you may find yourself wondering if your parents have the legal right to kick you out. This can be a challenging situation to navigate, as it raises questions about your rights, your parents’ responsibilities, and the legal framework governing family relationships.
Yes, your parents can kick you out. In most countries, this depends on various factors, including your age, the laws of your country or state, and the circumstances surrounding your situation. If you are a minor your parents have a legal responsibility to provide for you, including food, shelter, and clothing. In most cases, they cannot kick you out without providing you with adequate notice and an alternative safe living arrangement.
If for whatever reason, you are at a point where you want to know, can your parents kick you out? I personal would suggest, help out in the house, contribute to paying the bills, stop being disrespectful, or fix whatever behavior brings them to this point.
And not because I think you should remain at home if you are at a place and in a place where you are being threatened with being kicked out, but because I believe moving out takes planning. And both a young adult and their parents should be on board with the idea of moving. Plus, you always want to maintain a good relationship with your parents, especially when leaving home.
This post will discuss, we’ll explore the question of whether your parents can legally kick you out of their home and what your options are if you find yourself in this difficult situation. What you may be able to do to prevent this, and tips to help you move out.
Why Would Your Parents Want to Kick Your Out in the First Place?
It is a sad thing to learn that your parents may want to kick you out of your family home. It is all right that you want to know if this is even possible. Your parent’s are probably doing the same research, asking questions like, can I kick my child out at the age of 18? But why would your parents want to kick you out.
Irrespective of what society thinks, your parents may get a place where they believe that they have done all they can for you, and they next logical step in helping you become a young adult is to nudge you out of the family home. Now depending on your relationship with your parents, they could be supporting your through this process, or they may choose to evict you.
Positive reasons why your parents may want you to move out, include:
- To Encourage personal growth: Moving out and living on their own may allow a child to understand that they are their own person and start developing life skills such as getting a job, saving, budgeting, and so on. It may also help them to become independent as they develop a stronger sense of self and their own identity, separate from their parents.
- Strengthening the parent-child relationship: Sometimes, having separate living arrangements can help improve the relationship between parents and grown children by allowing them to develop a more equal and respectful relationship.
- Providing more space: Moving out may be the best way to provide a grown child with the space they need to grow and flourish. For instance, in a family home, they may have to share living spaces with other family members. Like brothers sharing a room, or a family of five sharing three bathrooms. But once they move out, they will have their own personal space.
Negative reasons why your parents may want to kick you out include:
Unfortunately, not all parents are loving and caring where it has to do with there grown children. Over time, parents may have developed a poor relationship with their children.
- Financial reasons: If the grown child is not contributing to the household expenses, and the parents are struggling financially, the parents may feel like they have no other option but to ask their child to leave.
- Behavioral issues: If the grown child is engaging in disruptive or destructive behaviors, such as substance abuse, criminal activity, or consistently breaking house rules, the parents may feel that it’s necessary to ask them to leave for the sake of their own safety and well-being.
- Personal differences: If the grown child and the parents have significant conflicts that they cannot resolve, such as differences in values, beliefs, or lifestyles, the parents may feel like it’s best for everyone involved if the child moves out.
Some adult kids overwhelm their parents with bad behavior, but the child is not always to blame, sometimes the parents are. Leading some young adults to ask, why do my parents hate me?
If you are an adult (over the age of 18 in most countries), your parents may be able to evict you if you are no longer living at home as a dependent, and if they own or rent the property. However, even in this case, they may still be required to follow specific legal procedures, such as giving you notice of eviction and following eviction laws in your area.
It’s important to note that regardless of legal obligations, family relationships and dynamics can be complicated. If you are experiencing conflict with your parents and feel at risk of being kicked out, it may be helpful to seek support from a trusted family member, friend, or a professional counselor.
Can You Prevent Your Parents from Kicking You Out if You are Over 18 Years Old?
Yes, if you are under the age of 18 years old, your parents kicking you out will be considered abandonment. Over 18, your parents may kick you out but not without following the appropriate legal procedures.
In some cases, an 18-year-old may be considered a tenant, even where they are not paying, or a lawful occupant of the home and have legal protections against eviction. If the adult child has permission to live in the home, has been paying rent or contributing to household expenses, occupies an assigned area or if they have established a pattern of living in the home for an extended period of time.
Not to mention, if the adult child is still financially dependent on their parents, they may have certain legal rights to financial support or other forms of assistance. This can include child support or other financial assistance to help the adult child maintain their living arrangements.
While your parents can follow process that the law affords them to evict you after the age of 18, they cannot throw you out by locking you out, changing the locks, banning you from stepping into your home, threatening you physically, throwing your stuff, or any other activity that can be considered “self-help”.
It’s important to note that the specific legal rights of an 18-year-old may vary depending on the circumstances and the applicable laws in their State.
If an 18-year-old is facing eviction or other legal issues with their parents, it’s recommended that they seek legal advice to understand their rights and options.
To Be Considered a Tenant in Parent’s Home, 18 Year Olds Should:
It’s important to note that the specific criteria for establishing tenancy or lawful occupancy can vary depending on the applicable laws in the jurisdiction where the home is located. If an 18-year-old is facing eviction or other legal issues with their parents, it’s recommended that they seek legal advice to understand their rights and options.
To be considered a tenant or lawful occupant of a home as an 18-year-old, there are several factors that may be considered, including:
Adult Child Should Pay Rent: If the adult child has been paying rent or contributing to household expenses, they may be considered a tenant and have legal protections against eviction. In many states, a young adult living in their parents’ home may be considered a month-to-month tenant, even if they do not pay rent.
Get A Written Agreement from Parents: If there is a written agreement between the adult child and their parents outlining the terms of their living arrangement, this can help establish the adult child as a tenant or lawful occupant.
Duration of stay past Adulthood May Help: If the adult child has been living in the home for an extended period of time, this can also help establish them as a lawful occupant of the home.
Your Intentions and Parent’s Intentions Matter: The intentions of both the adult child and their parents regarding the living arrangement can also be considered. For example, if the parents have allowed the adult child to live in the home for an indefinite period of time and have not expressed any intentions of ending the arrangement, this can support the adult child’s claim to be a lawful occupant.
Exclusive Possession: If the adult child has exclusive possession of a specific area of the home, such as a bedroom or an apartment within the home, this can support their claim to be a tenant or lawful occupant.
Permission to live in the home: If the adult child has been given permission to live in the home by their parents, this can also support their claim to be a tenant or lawful occupant.
Relationship with Your parents: If the relationship between the adult child and their parents is strained or if there is a history of conflict or abuse, this can affect the determination of whether the adult child is a tenant or lawful occupant of the home.
Legal documentation: If there are any legal documents or agreements in place, such as a lease or rental agreement, this can help establish the adult child as a tenant or lawful occupant.
Gather all your supporting information and head on over to an attorney to help you determine your rights and guide you through avoiding eviction, or give you legal advice to help you move forward. Many young adults can get affordable representation through programs like Legal Aid.
Parents May Have to Comply With the Following Process to Evict Tenant Child
The eviction process in the United States can vary by state, but generally, the following steps are required for your parents to legally evict you from their property:
- Parents must Provide written notice:
Your parents must give you written notice which asks you to move out. The amount of notice required can vary by state but typically will require a minimum of 30 to 60 days. The notice must include the reason for they want you to leave and a date when you should move out.
- They May Have to File an eviction lawsuit:
If you do not move out by the date specified in the notice, your parents may need to file an eviction lawsuit in court. The lawsuit will include the reason for the eviction and a request for a court order to remove you from the property.
- Attend a hearing:
If your parents file to evict you, you will have the opportunity to attend a hearing to defend yourself against the eviction. If the court finds in favor of your parents, they will be granted a court order to have you removed from the property.
- Provide a valid reason for eviction:
Your parents must have a valid legal reason to evict you, such as failure to pay rent, violating the terms of a lease, or engaging in illegal activity. In some states, they may also be able to evict you without cause if you are a month-to-month tenant.
- Can your parents kick you out when they follow local eviction laws:
Your parents must follow the specific eviction laws in your state and local jurisdiction. These laws can vary widely and may include requirements for notice periods, the eviction process, and the amount of time you have to vacate the property.
- Provide reasonable accommodations:
If you have a disability or are a member of a protected class under fair housing laws, your parents may be required to provide reasonable accommodations to allow you to stay in the property. For example, they may need to make modifications to the property to accommodate a disability.
- Avoid illegal eviction practices:
Your parents cannot use illegal eviction practices to force you to leave, such as changing the locks, turning off utilities, or physically removing you from the property without a court order.
- Obtain a writ of possession:
If you still do not move out after the court order is issued, your parents can obtain a writ of possession from the court. This writ allows law enforcement to physically remove you and your belongings from the property.
What Can Your Parents Use to Prove That You Are Not A Lawful Tenant in Their Home?
To disprove lawful tenancy of an 18-year-old in their home, the following factors may be considered:
- Lack of consent: If you parents do not consent to your living in their home after you turned 18. For example, if you moved in without the knowledge or consent of your parents, or you have stayed on long after they have conveyed to you that you should move out, this can weaken your claim to be a lawful occupant or legal tenant.
- Lack of payment or other contribution: If the adult child has not been paying rent or contributing to household expenses, this can weaken your claim to be a tenant. Also, if you have not paid rent and do not help in a consistent manner around the household, this will count against your claim.
- Lack of written agreement: If there is no written agreement between the adult child and their parents outlining the terms of their living arrangement, this can make it more difficult for the adult child to establish tenancy.
- Lack of exclusive possession: If the adult child does not have exclusive possession of a specific area of the home, such as a bedroom or an apartment within the home, this can weaken their claim to be a tenant.
- Relationship with the parents: If the relationship between the adult child and their parents is good, and there is no history of conflict or abuse, this can support the parents’ claim that the adult child is not a tenant or lawful occupant of the home.
It’s important to note that the specific criteria for establishing tenancy or lawful occupancy can vary depending on the applicable laws in the jurisdiction where the home is located. If there is a dispute over whether an 18-year-old is a tenant or lawful occupant of their home, it’s recommended that the parties seek legal advice to understand their rights and options.
A Few Final Words
The question, Can Your Parents Kick You Out of their home is a complex and sensitive issue. While the laws governing family relationships vary from state to state, it is generally the case that parents have a legal obligation to provide for their minor children until they reach the age of majority.
However, once you reach adulthood, your parents may have the right to ask you to leave their home, although they must still follow the proper legal procedures in doing so. If you find yourself in this situation, it is important to know your rights and seek legal counsel if necessary. Remember that you have options and support available, whether that means finding alternative housing or working to repair your relationship with your parents.