Evicting 20 years adult child from parents house

mydream

Hi.

How can parents evict 20 years child legally?

Thank you.

olestoepoke

What's a "20 years child"?

Not a legal expert here, but can't you just change the locks?

Claw Hammer

Does the child own the house or any share of it? Has the child a lease or is the child a party to any lease in respect of the house?

micar

No idea what's being asked here

Need to know full circumstances

20 year old person is an adult.....although a child of their parents

TheMilkyPirate

If he has no share in the house you just tell him to leave and change the locks simple as that.

Tzardine

If their child is not paying rent and there is no tenancy then they have no rights to remain.

In this case they are just a licensee - and they can be 'kicked out' quite easily. Normal landlord and tenant laws do not apply.

Claw Hammer

Tzardine wrote: »

If their child is not paying rent and there is no tenancy then they have no rights to remain.

In this case they are just a licensee - and they can be 'kicked out' quite easily. Normal landlord and tenant laws do not apply.

Unwanted kicking is an assault.

POBox19

mydream wrote: »

Hi.

How can parents evict 20 years child legally?

Thank you.

Stop paying pocket money for starters, then ask for a contribution towards all the bills going into the house.

Bicyclette

This is possibly more complex than the original post.

Why do you want the 20 year old out of the house? If they are being violent towards you, you might need to look at a restraining order.

Does the person have a disability (physical, intellectual or mental health issue)?

If you want the person out of the house, I would suggest you make it easy for them to transition from living at home to living independently. But it all depends on the circumstances.

Dial Hard

I'm having major deja vu here - https://www.boards.ie/vbulletin/showthread.php?p=116846122

That OP was never seen again either.

mydream

Not at all. He doesn't take any responsibilities.

endacl

Dial Hard wrote: »

I'm having major deja vu here - https://www.boards.ie/vbulletin/showthread.php?p=116846122

That OP was never seen again either.

I had the very same thought.

penny piper

mydream wrote: »

Not at all. He doesn't take any responsibilities.

If he's your child don't you think it's your fault he doesn't take any responsibilites?

punisher5112

Ask to leave.
If that fails remove them from the property.

As said let them go out, change locks and if they enter it's breaking and entering so call the Gardai.

mydream

Bicyclette wrote: »

This is possibly more complex than the original post.

Why do you want the 20 year old out of the house? If they are being violent towards you, you might need to look at a restraining order.

Does the person have a disability (physical, intellectual or mental health issue)?

If you want the person out of the house, I would suggest you make it easy for them to transition from living at home to living independently. But it all depends on the circumstances.

Yes, when is something that he doesn't like, when you try to say that he is not any more a child and has to take responsibility for his life, his behaviour becomes very aggressive.

mydream

punisher5112 wrote: »

Ask to leave.
If that fails remove them from the property.

As said let them go out, change locks and if they enter it's breaking and entering so call the Gardai.

He is sure that you can't do anything, that you cant evict him.

endainoz

OP painting a bit of a picture here alright. Seems like a lazy lad who doesn't want to do anything for themselves. I'm assuming they don't have a job? I'd encourage them to sort that out first before throwing them out on the street. Of course there could be other things going on that we don't know about that's influencing this decision.

Calahonda52

penny piper wrote: »

If he's your child don't you think it's your fault he doesn't take any responsibilites?

WTF has baseless blame apportionment got to do with it.:mad:

mydream

endainoz wrote: »

OP painting a bit of a picture here alright. Seems like a lazy lad who doesn't want to do anything for themselves. I'm assuming they don't have a job? I'd encourage them to sort that out first before throwing them out on the street. Of course there could be other things going on that we don't know about that's influencing this decision.

He had a good few chances to sort out with work, but he said" I cant find a job", when you try to help him he refused your help.

mydream

penny piper wrote: »

If he's your child don't you think it's your fault he doesn't take any responsibilites?

Yes, of course, it's the easier way to make parents guilty in any situation and of course, maybe I agree with you, that they probably make a mistake when a child was growing, but this is not mean that now everything parents have to do for you. Imagine that tomorrow they are gone forever and what he will be doing?

Calahonda52

mydream wrote: »

Yes, of course, it's the easier way to make parents guilty in any situation and of course, maybe I agree with you, that they probably make a mistake when a child was growing, but this is not mean that now everything parents have to do for you. Imagine that tomorrow they are gone forever and what he will be doing?

No, you please do not go down that cut de sac.

All you have is the now, not the past or the future.
You did the best you thought at the time for your child, with the resources etc you had to hand.

Is he in full time education?

I know parents can be ordered by the family courts to maintain their children until they are 23 or finished full time education, whichever comes first.

Does he have somewhere to go? Means?

Presuming you dont intend to kick him out to live in a tent on the canal.

xhomelezz

mydream wrote: »

He had a good few chances to sort out with work, but he said" I cant find a job", when you try to help him he refused your help.

If he's refusing your help with finding a job, or being aggressive etc., not contributing at all. Maybe it's time for him to get a lesson.

punisher5112

mydream wrote: »

He is sure that you can't do anything, that you cant evict him.

Well he is wrong.

Has there been threats?
If so you need to get the Gardai involved.

I'm guessing the relationship between all is toxic and the son is causing huge issues.
He is an adult so he needs to deal with it.

You need to be firm, he must go, up to you whether you give him time or not.

It's the home is of the parent so that is who has control on who lives there.

Is social services a possibility or mental health etc if these are the issue.

punisher5112

punisher5112 wrote: »

It's the home is of the parent so that is who has control on who lives there.

This is true but...

punisher5112 wrote: »

Is social services a possibility or mental health etc if these are the issue.

If mental health IS an issue its not as simple. They can still ask him to leave, but... could end up still supporting him.

From FLAC.ie

"Who is considered a ‘dependent child’?

To be considered a dependent child, the child must be born to or adopted by either both spouses/cohabitants/civil partners or one of the spouses / cohabitants / civil partners. In addition, he or she must be under the age of 18 (or under 23 if they are in full-time education).

Note that there is no age limit when the child has a mental or physical disability to the extent that it is not ‘reasonably possible’ for that child to maintain himself or herself.

Note also that an adult child in full-time education between the ages of 18 and under 23 can apply for maintenance on his or her own behalf.

Jequ0n

I could be wrong here but it doesn’t sound like you are talking about your own child, OP. Are you the only one trying to get him out?

Claw Hammer

Deleted User wrote: »

This is true but...



If mental health IS an issue its not as simple. They can still ask him to leave, but... could end up still supporting him.

From FLAC.ie

"Who is considered a ‘dependent child’?

To be considered a dependent child, the child must be born to or adopted by either both spouses/cohabitants/civil partners or one of the spouses / cohabitants / civil partners. In addition, he or she must be under the age of 18 (or under 23 if they are in full-time education).

Note that there is no age limit when the child has a mental or physical disability to the extent that it is not ‘reasonably possible’ for that child to maintain himself or herself.

Note also that an adult child in full-time education between the ages of 18 and under 23 can apply for maintenance on his or her own behalf.

That is a definition for the purposes of a maintenance application by one of the spouses. It is not the same thing as saying an under 23 year old can force the parents to maintain them.
A person reaches the age of majority at 18 and after that the parents have no obligation to support that child. In some cases a parent may be ordered to pay money towards the child's maintenance in the context of a separation or divorce, but that is a different matter.

20 year old leaves house. 20 year old comes back, lock has changed. End of story.

Claw Hammer

Claw Hammer wrote: »

That is a definition for the purposes of a maintenance application by one of the spouses. It is not the same thing as saying an under 23 year old can force the parents to maintain them.
A person reaches the age of majority at 18 and after that the parents have no obligation to support that child. In some cases a parent may be ordered to pay money towards the child's maintenance in the context of a separation or divorce, but that is a different matter.

20 year old leaves house. 20 year old comes back, lock has changed. End of story.

It actually saysy in the link I quoted from and posted above, (from FLAC.ie) that a child under the age of 23 who is still in FTE can make an application for maintenance in their own right.

Claw Hammer

Deleted User wrote: »

It actually saysy in the link I quoted from and posted above, (from FLAC.ie) that a child under the age of 23 who is still in FTE can make an application for maintenance in their own right.

Who do they apply for maintenance from?

Claw Hammer

Deleted User wrote: »

It actually saysy in the link I quoted from and posted above, (from FLAC.ie) that a child under the age of 23 who is still in FTE can make an application for maintenance in their own right.

https://www.irishtimes.com/news/law-says-parents-could-be-made-to-pay-third-level-fees-1.360021

Senior Counsel says otherwise.
"Mr Gerry Durcan SC, a family law specialist, said there was no legal mechanism where a child him or herself could sue a parent for maintenance. However, the Maintenance of Spouses and Children Act of 1976 provided for one spouse to go to court seeking maintenance from the other spouse for him or herself and the dependent children, including those under 23 and in full-time education. "This is provided for whether the parents are separated or not," he said. "Where a spouse is dead, or deserted, then the court can make an order for maintenance on the application of any person on behalf of the dependent child." There was also provision for such maintenance in the Guardianship of Infants Act, he said.

"There is no mechanism for the child to apply to the court him or herself. In circumstances of death or desertion a third party can apply for maintenance, and where the parents are living together one of the spouses can apply.

He added: "The law is structured so that parents are entitled to come to the conclusion together that they are not going to pay for a child in third-level education. Only if there is a dispute can you get an outsider to step in and force the parent to pay."

Claw Hammer

Claw Hammer wrote: »

Who do they apply for maintenance from?

The state.

olestoepoke

olestoepoke wrote: »

What's a "20 years child"?

Child is the offspring of an parent.

Op you can legally kick out any adult.

Claw Hammer

fvp4 wrote: »

The state.

You must be joking. Under what legislation?

Maybe you should get onto FLAC and let them know they are giving out incorrect information, if you believe they're wrong

punisher5112

Claw Hammer wrote: »

You must be joking. Under what legislation?

Grants and such are available if one can't provide for themselves...
Social welfare payment too.
Hap etc etc....

punisher5112

punisher5112 wrote: »

Grants and such are available if one can't provide for themselves...
Social welfare payment too.
Hap etc etc....

Yeh, I was unemployed just after college and living away from home.

I found it hard to get any job during the recession so I applied for social welfare ( for the people to whom this is appalling, it lasted 6 weeks) but I had to prove I wasn't living with my parents. They also lived in Dublin but I didn't live with them at the time. I needed a letter 'cutting me off". Standard procedure.

Dempo1

Dial Hard wrote: »

I'm having major deja vu here - https://www.boards.ie/vbulletin/showthread.php?p=116846122

That OP was never seen again either.

O dear God, thank you, almost lost 30 seconds of my life posting a response

The op has responded here, though.

Caranica

[Deleted User] wrote: »

The op has responded here, though.

The same discussion is taking place though!

Dempo1

Caranica wrote: »

The same discussion is taking place though!

Two separate threads dealing with the same question? Exhausting

If OP didn't like the answers three months ago, I doubt they'll be satisfied on this thread.

Claw Hammer

punisher5112 wrote: »

Grants and such are available if one can't provide for themselves...
Social welfare payment too.
Hap etc etc....

If the person is in full time education, subject to conditions, or if unemployed subject to conditions.
None of that means they have a right to be housed by their parents or any one of their parents.

punisher5112

Claw Hammer wrote: »

If the person is in full time education, subject to conditions, or if unemployed subject to conditions.
None of that means they have a right to be housed by their parents or any one of their parents.

Why quote me?

I didn't say anything about that

Claw Hammer

punisher5112 wrote: »

Why quote me?

I didn't say anything about that

You said an under 23 year old could claim maintenance from the State. This is a discussion about an adult child living at home, if you hadn't noticed.