Having your adult child living at home can sometimes lead to difficult situations. If they’ve overstayed their welcome, refuse to move out, or aren’t contributing, you might feel like eviction is your only option. Evicting a family member, especially your own child, isn’t easy. It may be legally possible to do so under Georgia law, but there are certain rules you must follow to do it properly.
Knowing these rules can help you regain control of your home and avoid costly legal trouble.
When Can Georgia Parents Evict Their Adult Child?
Georgia law typically treats an adult child living in your home either as a tenant or a guest.
The eviction rules depend on their status:
- If they’re a tenant (paying rent or helping with bills), they’re entitled to formal eviction procedures.
- If they’re a guest (staying for free without formal agreement), you usually have the right to revoke permission and ask them to leave, but you might still need to follow formal procedures in some cases.
Either way, you likely can’t just kick them out without warning. Georgia has clear rules about providing notice before eviction, even when dealing with your own child.
How to Evict an Adult Child Who Pays Rent in Georgia
If your adult child pays you rent—even occasionally—they’re legally considered a tenant.
As their landlord, you’ll need to follow Georgia landlord-tenant law:
- Provide the appropriate notice (if applicable).
- File an eviction action at your county Magistrate Court.
- Attend a hearing and explain to a judge why your adult child needs to be evicted.
- If the court agrees with you, they’ll grant you a legal eviction order.
You can’t skip any of these steps if they apply to your situation. Trying to remove your child forcefully, changing locks, or turning off utilities could lead to lawsuits against you.
How to Evict an Adult Child Staying Rent-Free in Georgia
If your adult child lives rent-free, the process may or may not be different. The facts and circumstances of your situation will likely become more important in this scenario, as courts might still consider your child a tenant in some cases. It is best not to try and force them to leave prior to receiving legal advice.
Even if your adult child never paid you rent, you might still need to follow a formal eviction process. Failing to follow the proper steps could mean having to start over, wasting time and money.
Can You Physically Remove Your Adult Child?
No. Even after receiving a court order, you cannot physically remove your adult child yourself. Only law enforcement can enforce a legal eviction order in Georgia.
If you attempt to physically force your child out or try methods like locking them out or cutting off water or electricity, you risk serious legal consequences. This may be especially true if they suffer catastrophic harm in the process, like a spinal cord injury. Getting legal advice about what to do in this situation is best.
What to Do After the Eviction Is Ordered
If the court grants your eviction request, your adult child typically receives a short period—usually seven days—to leave voluntarily. If they refuse to move by the deadline, local law enforcement (sheriff or police officer) can enforce the eviction and escort them off your property.
At that point, you may legally change the locks or take other reasonable actions to secure your property.
Contact the Personal Injury Law Firm of Bowen Painter Injury Lawyers in Savannah for Help Today
Evicting your adult child is a stressful, emotional situation. You might feel guilty, confused, or overwhelmed about the process. The law on this topic in Georgia is complicated, and the unique facts of your situation might play an important role in what your best steps are. Talking to an experienced Georgia eviction attorney is a practical necessity.
School bus accidents can cause devastating injuries for children and other victims. Luckily, there are Georgia personal injury lawyers willing to help accident victims and their families seek justice by holding the party who caused their injuries accountable.
For more information, please contact our experienced Savannah personal injury lawyer at Bowen Painter Injury Lawyers to schedule a free initial consultation today. We have a convenient location in Savannah, GA.
We proudly serve Chatham County, Georgia, and its surrounding areas.
Bowen Painter Injury Lawyers
308 Commercial Drive, Suite 100, Savannah, GA 31406
(912) 335-1909
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