Sometimes, despite love and patience, sharing the same space with adult children just stops working within families. For many parents, it is uncomfortable, and at times, the pressure really builds up to where one bursts out and makes things even worse.
If you are a parent and are facing a real-life situation like this, before taking any step, just pause and understand what the law actually says in these cases. Because every state looks at and handles this situation differently.
That is why understanding eviction laws for adult children becomes important before you act, especially if you want to avoid mistakes that can create bigger problems later. This guide guides you through the process very clearly. Just start; keep reading till the end.
Always Try to Start With a Non-legal Approach
Before directly moving on to court papers and legal steps, it is always better to try talking things through.
1. Sit down and speak honestly.
Have a proper conversation, not during an argument, but when things are calm. Explain what is bothering you; what’s actually the problem that prevails. Maybe the reasons can be that they are not contributing financially or bringing constant tension into the house. Make it clear that things have a chance to work out when you start setting boundaries and expecting responsibility.
2. Set a clear move-out timeline.
Harsh words and rude language can always lead to worsening the situation. Completely avoid harsh statements like “leave immediately.” This might seem like a sudden outburst of emotion, but it makes things even worse.
Instead, give them a reasonable date to move out. That works for both of you people. This helps them plan their next steps and also shows that you are being fair. Writing this down can help avoid confusion later and show that you are serious about the decision.
3. Limit shared privileges, but always be lawful.
This can be a risky part, like your kind can easily get triggered, but sure, you completely lose control. You can reduce access to shared comforts like Wi-Fi or certain common facilities if needed. But never lock them out, change the locks, or throw their belongings outside. Doing anything forceful can legally harm your case later.
Legal Steps to Evict an Adult Child
If conversations, timelines, and patience do not work, legal steps may be the only option left. In Illinois, the law has a clear way of handling this.
1. Treat them as a tenant.
Even if your child never paid rent, the law may still see them as a tenant if they have been living in your home for some time. This means you cannot remove them suddenly. A proper process must be followed.
2. Serve a written notice to vacate.
The first legal step is serving a written notice asking them to move out. In most cases, this is a 30-day notice. The notice should clearly mention the move-out date and should be delivered properly. This shows the court that you gave them a fair warning.
3. File an eviction case if they refuse to leave.
If the notice period ends and they still do not move out, you can file an eviction case in your local court. Under law, this is called a Forcible Entry and Detainer case. Once the judge reviews the facts and rules in your favor, only law enforcement officers are allowed to carry out the removal.
If Rent or an Agreement Is Involved
If your child pays rent or there is any written or verbal agreement, the law becomes stricter.
You may need to give:
- 5-day notice if rent is not paid
- 10-day notice if house rules or agreement terms are broken
- 30-day notice if it is a month-to-month living arrangement
Each notice type must match the situation correctly, or the case can be delayed or dismissed.
A Lawyer Can Help
Both legally and emotionally, the process is going to be really sensitive. A lawyer familiar with eviction rules can help you:
- Prepare the correct notice based on your situation
- File court documents properly and on time
- Guide you on what you should and should not do during the process
- Represent you if the case goes before a judge
Key Takeaways
- Under the law, an adult child should be treated as a tenant.
- A proper written notice is required before any eviction case.
- Under the law, you must never take forceful steps like moving them out forcefully or removing belongings.
