Eviction notice to kick out my daughter?

[maneki]

What is the name of your state (only U.S. law)? Colorado

I've been told a couple of conflicting things so I'm hoping to get clarification here.

My daughter is 18. She turned 18 while living with me, she is not on the lease for the house that my husband and I have because she was a minor when we moved in. Due to personal reasons between her and I, I believe it is time she moves out and starts taking care of herself. (I don't think the specific reasons are relevant so I'm not going into them. If for some reason it ends up that the reason is important I will expand on that.) I was discussing this decision with a few friends and one of them mentioned that I will have to actually serve an eviction notice in order to legally ask her to move out. The other friends disagreed and had never heard anything like that. When I checked with another resource I was again met with most people saying no, that's ridiculous, but a few said yes it's required since she's over 18 and legally a tenant even though her name isn't on the lease.

I'm very confused. Do I need to give my daughter an eviction notice? And if so, how do I do that? Thanks.

 

[Gail in Georgia]

Why don't you make this easier on the both of you. Help her find a place to move into and perhaps help her with the security deposit. A gentle easing of her out of your place might be the best method of getting her out on her own at this point.

If not; yes, she has established a residency there and has rights. Unless she is a physical threat to you and/or family members (in which case a restraining order may be the way for you to go) outside agencies such as law enforcement won't help you get her out.

Gail

 

[FarmerJ]

since she is over 18 yes she has the rights of a tenant and she is YOUR subtenant so try offering to help her with partial funding of the first place ( one time only never again or if you do it twice she ask a zillion times and expect it each time too)

 

[maneki]

For reasons that I really don't want to get into I will not be helping her financially at all. She does already have a place to go, she just won't commit (as in won't remove her belongings) and is flat out making everyone's lives miserable. *sigh* We're not in physical danger but I swear my brain will explode if this goes on much longer. But I want to do this all the proper way so if legally I have to actually serve her an eviction notice then I guess I will have to start figuring out how to do that. I don't want to involve law enforcement or anything like that, I just need her to move on with her life.

A couple more follow up questions, which I think I know the answer to but I'd rather be certain.

1. Gail said that she has "established a residency"... does it matter if since she turned 18 she has spent at least 75% of her time *living* with her cousins and on some forms has used their address as her own?
2. Our lease is up at the end of February and we are considering moving. If she has the rights of a tenant here does she have the right to continue the lease here on her own, and if so, would that impact our responsibilities to our landlord (such as payment of rent) or prevent us from leaving?

Thank you all.

 

[STEPHAN]

Does she get her mail at that address?

 

[STEPHAN]

You are always talking about an "eviction notice".

It is my understanding that you have to first give her a notice to terminate her tenancy.

The whole subject of eviction comes only if she does not move out after the tenancy has ended.

 

[Zigner]

You are always talking about an "eviction notice".

It is my understanding that you have to first give her a notice to terminate her tenancy.

The whole subject of eviction comes only if she does not move out after the tenancy has ended.

You are correct. The folks are using "eviction" a bit loosely in this instance...

 

[xylene]

For reasons that I really don't want to get into I will not be helping her financially at all.

So, out of a rather cryptic principal, you won't explore the cheapest, least dramatic way to get her gone. Which is voluntarily.

Be honest, you want a "win" on a daughter who has slighted you in some tedious fashion.

 

[FarmerJ]

If she has access to your mail box then go get a post office box or one of them companys that has mail box places in malls etc and rent a box , change temporarily ALL your and your husbands mail to go there, then send to Daughter Dearest a letter via certified mail using your new address as the return on the letter and in the letter tell her that this is her notice to vacate the premises by ( x date , how ever much time your state says for month to month renters ( you should be able to find this info in your state govt web page links for land lords and tenants) ) then sign it inc your new address, date it and make a copy for your records to staple to your postal receipt . If by chance she doesn't pick it up or refuses , your efforts are not wasted, it will be returned to your po box ( why a po box , well do you want Daughter Dearest to have the chance to find the certified letter returned in your mail box, and destroy it ? NO you must save it and keep it closed with orig seal for court so the court can deliver it to her if you have to go that route. ( most courts really aren't interested in knowing why someone did not pick up mail when they got a notice from post office, instead they will deliver it to her in the court room) If you have to go to court it is not hard to do , your county clerk of the court can give you the form to fill out where you note your name address , her name Daughter Dearest address and your complaint would be that you gave proper notice to her ( her name) to vacate and she has failed to move. You will pay a filing fee and on your day in court if your asked to show the court you gave proper notice then you would show the court your proofs ( copy of the letter your certified postal receipt and if it was returned to you by post office the orig sealed letter. If she claims she didn't get proper notice you will have to be able to prove that you did give proper notice , the court likely will tell her how many days she has to get her things out and since she is single your free to ask the court to give her 24 to 48 hours to vacate. Im going to stop there because as soon as you send proper notice if she gets it then she should be able to figure it out that you mean business and your not tolerating her bovine excrement any more.

 

[maneki]

Does she get her mail at that address?

She gets some at her cousin's house, and some still comes here.

You are always talking about an "eviction notice".

It is my understanding that you have to first give her a notice to terminate her tenancy.

The whole subject of eviction comes only if she does not move out after the tenancy has ended.

Ah, I did not realize it was the wrong term. Sorry about that. I assume the notice to terminate her tenancy has to be in writing and not verbal, correct? Because she has been verbally told to move out already.

So, out of a rather cryptic principal, you won't explore the cheapest, least dramatic way to get her gone. Which is voluntarily.

Be honest, you want a "win" on a daughter who has slighted you in some tedious fashion.

I assure you, you are not correct on this. We have tried doing this peacefully, she already has a place to live (rent free, I will add), but she just won't go.

If she has access to your mail box then go get a post office box or one of them companys that has mail box places in malls etc and rent a box , change temporarily ALL your and your husbands mail to go there, then send to Daughter Dearest a letter via certified mail using your new address as the return on the letter and in the letter tell her that this is her notice to vacate the premises by ( x date , how ever much time your state says for month to month renters ( you should be able to find this info in your state govt web page links for land lords and tenants) ) then sign it inc your new address, date it and make a copy for your records to staple to your postal receipt . If by chance she doesn't pick it up or refuses , your efforts are not wasted, it will be returned to your po box ( why a po box , well do you want Daughter Dearest to have the chance to find the certified letter returned in your mail box, and destroy it ? NO you must save it and keep it closed with orig seal for court so the court can deliver it to her if you have to go that route. ( most courts really aren't interested in knowing why someone did not pick up mail when they got a notice from post office, instead they will deliver it to her in the court room) If you have to go to court it is not hard to do , your county clerk of the court can give you the form to fill out where you note your name address , her name Daughter Dearest address and your complaint would be that you gave proper notice to her ( her name) to vacate and she has failed to move. You will pay a filing fee and on your day in court if your asked to show the court you gave proper notice then you would show the court your proofs ( copy of the letter your certified postal receipt and if it was returned to you by post office the orig sealed letter. If she claims she didn't get proper notice you will have to be able to prove that you did give proper notice , the court likely will tell her how many days she has to get her things out and since she is single your free to ask the court to give her 24 to 48 hours to vacate. Im going to stop there because as soon as you send proper notice if she gets it then she should be able to figure it out that you mean business and your not tolerating her bovine excrement any more.

Thank you for your help. I do sincerely hope it doesn't come down to court and all that.

 

[Just Blue]

https://forum.freeadvice.com/child-custody-visitation-37/want-switch-daughters-school-610117.html

Px Hx. And more...

 

[maneki]

I'm not sure what that previous thread has to do with anything. Different daughter.