Ask a Lawyer - Archive

I've asked my 24-year-old daughter to move out of my home recently because of numerous problems she causes with other members of the household. Her answer to me is that she doesn't HAVE to move out because I ask. And that I have to take her to court to evict her. Is this true in Los Angeles, CA?

It may be that your daughter is correct, if it is determined that you have a landlord-tenant relationship with her (e.g., she pays you rent, does chores or provides you with other consideration as part of an agreement allowing her to live in the house). To forcibly have her removed, the best step, or at least the unavoidable one, may be to pursue an unlawful detainer action. Ultimately, this may result in a judgment being entered against your daughter whereupon you would be able to cause a writ to be issued that would provide the marshal or sheriff with authority to remove her.

Unfortunately, though, this could forever tarnish the relationship you have with your daughter so you may want to consider other options. How about paying her to leave?