Jill Kolodner | November 9, 2020 | Maryland Law
NOTE: Our law firm does not handle Adult Child Eviction cases. This article is for informational purposes only. Information found in the article does not constitute as formal legal advice and does not create an attorney/client relationship.
Current research shows that more young adults are living with their parents now than in past years. Almost 18 percent of adults between the ages of 25 and 34 lived in their parents’ homes during 2019. In 2020, just over one-half of young adults in the United States lived with their parents.
The reasons why young adults live with their parents vary. Some adult children move back in with their parents after completing college while they begin their careers and save money to move out independently. Other adult children might live with their parents because they suffered an illness, were injured in a car accident, or are single parents and need help raising their children.
However, some adult children live with their parents because they do not want to live independently. They might not want to leave because they can live rent-free with very few responsibilities if they live with their parents.
If a parent is ready for an adult child to leave home, does the parent need to evict their child?
Ask Your Child to Leave Home
It might be an uncomfortable and emotional conversation, but the easiest way to get your adult children to leave home is to ask them to leave home. Parents might want to discuss why their child does not leave home. Are they afraid to be on their own, or do they lack the funds to pay rent, utilities, and other expenses?
If the child is not leaving home because of an emotional problem, counseling might help. If the problem is financial, a parent might want to consider paying first and last month’s rent or the rental property deposit. Parents can also work with their children to develop a budget, save money, and employ wise money management skills in anticipation of moving out.
In some cases, parents may want to seek help from a third party, such as a mediator. A mediator or neutral third party might offer suggestions for resolving disputes. With the help of a mediator, the parents and the child might draw up a legal contract that includes a timeline for the child to move out.
Non-legal remedies are often preferable because they help preserve the parent-child relationship. They are also less expensive than involving attorneys and the court to evict an adult child in Maryland.
How to Evict Your Adult Child in Maryland?
Evicting an adult child is not an easy decision.
Evicting an Adult Child Who Has a Lease Agreement
If you have a rental agreement, lease, or contract with your adult child, you must abide by the terms within the document. Do not try to physically remove your child or force your child to leave in violation of the terms of your written agreement. If so, you could face assault charges, breach of contract, and a civil lawsuit for assault injuries.
Instead, you must follow the eviction laws in Maryland for evicting a tenant. Maryland has very strict landlord-tenant laws that protect the tenant from being evicted illegally.
You may file the eviction complaint through the Maryland courts, or you can contact an attorney to handle the eviction for you. Most parents prefer to allow an attorney to file the eviction because they are not familiar with landlord-tenant laws and are not familiar with the requirements to evict a tenant. It may also be less stressful if parents allow an attorney to handle the eviction.
Evicting an Adult Child Without a Lease Agreement
If you do not have a lease agreement or written contract with your adult child, it could be easier to evict your child from your home, especially if your child is not paying rent. However, your child could be considered a tenant in some cases, even though you and your child do not have a written agreement.
Whenever a tenant and landlord do not have a written agreement, the tenant is usually considered a month-to-month tenant. Therefore, you will need to go through the eviction process, but you should be able to do so after giving your adult child written notice as required by law.
If your child is not a tenant, your child is a houseguest. You have the right to ask a houseguest to leave your home whenever you desire without going through the eviction process. Unfortunately, if your child refuses to leave, you might need to involve law enforcement to remove your adult child from your home.
Before taking any steps, you might want to speak with an attorney. A Maryland attorney can explain your legal rights and advise you about the best way to evict your adult child from your home based on your unique circumstances.