Question for you lawyers - evicting a 20yr old

[MacFromOK]

Asking for a friend... seriously. :/

A neighbor (single mom) has a son that just turned 20, is not in school, doesn't pay rent, and suddenly thinks he's the boss. He's been talking hateful to her and had stopped helping around the house. At the moment, she doesn't even know where he is.

The question is... can she just tell him to get out (and call the Sheriff if he doesn't), or does she need to serve him an eviction notice?

Thanks.

 

[rickm]

Not a lawyer but what i personally have been told by leo's was you have to go thru the court system on eviction to legally get them removed, i had sort of the same problem with one of my step daughters and booted her out then got a visit from the leo's that same night explaining it to me luckly she choose not to return.

 

[Zaphod Beeblebrox]

If Mr. Deabeat has established residency (sounds likely), she'll have to evict him if he won't go on his own.

 

[MacFromOK]

If Mr. Deabeat has established residency (sounds likely), she'll have to evict him if he won't go on his own.

Well, it's her son. So yeah, he's lived there all along.

 

[John6185]

If he is gone and she doesn't know where he is, change the locks, notify whoever is administering the cell phone contract that she wants to either cancel service or the phone is lost. And then notify the local police Dept. In case there is a break-in. Then she should prepare for her son to be in jail-she shouldn't bail him out! But can she do this? It's a hard path for her, she has my sympathy. Of course, if he were to come back she could get a bunch of Harley motorcycle wild riders to evict him and put a scare in him that will last.

 

[MacFromOK]

He's just gone temporarily, he stayed there last night.

She's soft-spoken and mild-mannered. I don't know whether she'll actually kick him out or not, but she's been talking about it.

 

[CGS1]

She would have to go through the court's to have him evicted.

 

[John6185]

It sounds like she doesn't have the strength to be tough on the boy. She may have to through a lot of mental and maybe physical turmoil before she develops the fortitude to react appropriately. Mothers have a lot of love for their children even if they go bad.

 

[MacFromOK]

Does anone have a link to an OK statute on evicting a child over 18? She's not going to have money for a lawyer.

As with most everything on the internet, contradicting info abounds.

Here's one lawyer (alledgedly) that said no notice is needed:
When a minor child reaches the age of 18 and is not still in high school, in Ok. and in every state, the parent can put the child out of the house without any type of formal notice to the child. This is not like a normal "landlord / tenant" relationship where formal notice must be given to the tenant and formal court action must be taken to remove the tenant.
https://www.justanswer.com/law/51yo0-oklahoma-mother-legally-kick-18-year-old-daughter.html

 

[TerryMiller]

Does anone have a link to an OK statute on evicting a child over 18? She's not going to have money for a lawyer.

As with most everything on the internet, contradicting info abounds.

Here's one lawyer (alledgedly) that said no notice is needed:
When a minor child reaches the age of 18 and is not still in high school, in Ok. and in every state, the parent can put the child out of the house without any type of formal notice to the child. This is not like a normal "landlord / tenant" relationship where formal notice must be given to the tenant and formal court action must be taken to remove the tenant.
https://www.justanswer.com/law/51yo0-oklahoma-mother-legally-kick-18-year-old-daughter.html

I would still suggest that she speak with an attorney, with this knowledge in hand. From my understanding, most attorneys allow their first consultation to be free. And who knows, even if it takes more legal action, the attorney "might" do the job "pro bono publico."

(Pro bono publico, as in free or at a reduced rate.)