If my 18 year old decides to move out, do I have an obligation to evict them if I want to prevent them from accessing the home at will?
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If my 18 year old decides to move out, do I have an obligation to evict them if I want to prevent them from accessing the home at will?
Our 18 year old daughter left in anger to move in with boyfriend’s family. She returned with the police so she could enter the home and get some of her stuff. Most of her belongings are still her but the police said that she has a legal right to the home and had to be formally evicted if I want to get my house key back or prevent her from entering the house at will. What are my options/obligations to her. Can I change the locks, since she refuses to give back the key? Can I bag up her stuff and put in the garage or basement for her to pick up someday at our convenience?
Asked on April 27, 2012 under Real Estate Law, Georgia
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Since your daughter is 18 years old and an adult who has moved out of your home as a presumed tenant (whether she was paying rent or not), it would be a wise idea to simply send her a 30 day notice of termination of her lease and keep a copy of it for future use and need.
Assuming she returns and clears out all of her belongings within the 30 day period, send her a confirming letter (keeping a copy of such) advising that she has formally moved out and then change the locks.
You can bag up her belongings and store such for her after the 30 days has elapsed for her to pick up later on. Do not dispose of such items yet. Give her time to retrieve them.
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