Hawk Law Group | May 12, 2022 | South Carolina Law
Adult children are living in their parents’ homes for more extended periods nowadays. Some adult children do not leave home, while others return home after a brief period on their own. Whatever the reason might be for an adult child to live with their parents, there could come a time when the parents must take steps to evict their adult children in South Carolina.
Try Using Non-Legal Means to Get Your Adult Children to Move Out
It is best for the parents and the child if the adult child leaves home without legal proceedings. Discuss the matter with your adult child and create a timeline to help your child plan for moving into a place of their own.
Money management skills are essential for living on your own. You may need to teach your adult children how to create a household budget and live within their means.
In some cases, parents loan their children money to move out and create a repayment plan. A parent may pay the security deposit and first month’s rent for their children as a gift.
If you and your adult child cannot agree on a plan to move out, you might want to consider using a family mediator. A mediator is a neutral party who helps parties identify issues they need to address and facilities conversations to arrive at an agreement to resolve their issues.
Taking Legal Steps to Evict Your Adult Child in South Carolina
If all attempts to get your child to move out of your home fail, you may need to take legal action to evict an adult child. It is not wise to physically remove your child from your home. Your adult child could file assault charges if you try to remove them from your home physically.
Instead, talk to a lawyer about your legal options. Your options may depend on whether your adult child has a written lease with you or stays in your home without a lease agreement.
Your Adult Child Has a Lease Agreement With You
If you and your child entered a lease agreement, it is binding on both parties. You could be bound by the laws of the Residential Landlord and Tenant Act. As long as your child complies with the lease terms, you might not have a legal reason to evict your child until the end of the lease’s term.
However, if your child violates the terms of the lease agreement, you could begin eviction proceedings. An eviction lawyer could help you with the steps to ensure you take the correct steps to evict your adult child legally.
Common reasons for violating a lease or rental agreement include:
- Failure to pay rent or pay rent on time
- Damage to the property
- Having long-term guests
- Violating the policy regarding pets
- Smoking in a smoke-free home
- Using illegal drugs
- Operating a business on the property
The terms of the lease dictate the legal requirements for breach of contract. If the lease is a month-to-month lease, you might be able to evict your adult child by giving them a 30-day notice to leave the premises.
Your Adult Child Does Not Have a Lease Agreement With You
If you and your adult child do not have a written rental or lease agreement, your child is a guest in your home. You may ask a guest to leave at any time. If the guest does not leave, you can call the police to have them arrested for trespassing.
However, before calling the police, talk with a landlord-tenant attorney. In some cases, the courts could rule that your adult child is a tenant, even without a lease agreement. If so, you would need to go through the legal process of evicting your adult child.
Sorting Out the Rights of Adult Children Who Live With Their Parents
Many legal issues could complicate evicting your adult children. For example, if your adult child has special needs or lives with your young grandchild, evicting them may be more challenging.
Even though you are related, your adult child has all the same rights and privileges as a tenant under the law. You also have the same duties as a landlord.
Therefore, if your adult child was injured on your property because you failed to maintain the home, your adult child could have a premises liability claim against you. You could be liable for economic damages, including medical bills and lost wages. You could also be liable for non-economic damages.
Understanding your legal rights is the first step in evicting an adult child in South Carolina. Seeking legal advice could save you time and money and protect you against liability.
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We also serve in Edgefield County, SC.