My Adult Kids Won't Leave -- Can I Evict Them?

Q: I own a large 5-bedroom home in the Midwest. I want to sell it, as my circumstances have changed. I have three adult children who have shown no interest in moving out and are not responding to my requests. I am considering having them evicted and want to know the steps to do it legally. Please advise.

A: Your situation is more common than most people realize, and you have legal standing to act. However, the path forward depends on one critical question: Do your adult children pay rent or have a written agreement with you? That answer shapes every option below.

Option 1: Negotiate first, with a written deadline. Before involving courts, send each child a formal written notice — dated, signed and delivered by a confirmed method such as email with read receipt or certified mail. State clearly that you intend to sell, provide a specific move-out date (30 to 60 days is reasonable) and keep a copy. Many adult children respond differently to something in writing than to a conversation. This costs nothing and preserves the relationship.

Option 2: Pursue a formal eviction through your county court. If negotiation fails, eviction is a legal remedy available to you even against family members. The process in most Midwest states follows these general steps: (1) Determine tenancy type: if no rent is paid and no lease exists, they are likely "tenants at will," requiring a written notice to vacate, typically 30 days under most state statutes; (2) Serve a formal Notice to Quit or Vacate per your state's requirements; (3) If they remain after the notice period, file an eviction (unlawful detainer) action in your local circuit or county court; (4) Attend the hearing; courts typically schedule these within 2 to 4 weeks; (5) Obtain a Writ of Possession if the court rules in your favor, authorizing law enforcement to remove occupants. State laws vary; Wisconsin, Illinois, Ohio and Michigan each have distinct notice requirements. The National Center for State Courts (ncsc.org) is a reliable resource for state-specific procedures.

Option 3: Explore mediation before court. Family eviction cases frequently benefit from a neutral mediator rather than a judge. Mediation is faster, cheaper and often produces move-out agreements that all parties actually honor. The National Association for Community Mediation (nafcm.org) and the directory at nadn.org can help you locate a qualified mediator near you. Many charge on a sliding-fee scale.

Option 4: Consult a real estate or landlord-tenant attorney. If your children dispute their tenancy status or contest the eviction, legal counsel becomes important. Many attorneys offer a free initial consultation. Mediation, however, is worth exploring before incurring legal fees.

This can be difficult: Get your privacy back. Start with the written notice — it is documented, professional and often sufficient. If that fails, mediation is your next, lowest-cost step. Court is available but is rarely the fastest route to a resolution. They have been packed with backloads of cases for years. Many judges send disputes to mediation before they look at the case.

Richard Montgomery is a syndicated columnist, published author, retired real estate executive, serial entrepreneur and the founder of DearMonty.com and PropBox, Inc. He provides consumers with options to real estate issues. Follow him on Twitter (X) @montgomRM or DearMonty.com.

Last Updated: Monday, Jun 22, 2026 07:16:50 -0700

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