How to evict a minor and keep the parent?

6 Replies

I have been a landlord for quite a while but this is a new on for me.

The Situation:  A father and his 17 year old son live in one of my apartments.  Their one year lease recently expired and they are on month-to-month.  The son was listed on the 1-year lease.  The son has broken windows, keeps the tenants up all night, throws garage everywhere, etc.  I have told the father the son needs to leave in the past and he got him out for a while.  He is back once again and is disturbing the other tenants.  This time, I want to kick him out with official documentation.  The father wants to stay and he is a good tenant that just happens to have a problem child.  Given the discussions I have had with him, I think he will honor keeping the child away going forward.

Question:  What is the proper documentation process for this?  Should I give a 30 day notice to end their tenancy and then sign a new lease with only the father listed on the lease?  Any other thoughts?

Get rid of them both. As long as you have the father the son will be back.

You can not legally evict a minor however if you wait till he is 18 you should be able to evict. But again he will be back. 

Your biggest problem is the father and he is the one you need to get rid of not the son. Where the father goes the son will always follow.

You need to stop playing games and get serious.

@Thomas S.

I wish I saw your solution long time ago.  

This is very truth and is the solution, get rid of them both. 

I had a similar situation long time ago, but with another 10 more month lease to go.  

The lease won't be expired until 10 months later.  

I had a very good property.  

But the HOA and tenants complained about the minor tenant,

I chose to sell it, and let the new owner deal with it.  

I like the property, but I couldn't wait for another 10 more months to get ride of them.  

I sold it with the tenants to the new owner. 

:(

Yeah, you will need to just get rid of both of them. Unfortunately, the father has to pay for his child's actions, and since he can't seem to keep him away (no paperwork can truly stop people's choices, I don't see him not allowing his son over, which turns into living there again).

I know it sucks to be the "bad guy" but this isn't your fault. 

If the son turns 18 while still around, you get him to sign his name to the lease the very second he turns 18. Happy birthday. Then, continue with evicting/giving notice to vacate.

305-537-6252

If the guy was a good tenant... he wouldn't have a problem son. You're setting yourself up for failure by only fixing half the problem. 

@Thomas S.  Thanks for the response.  You are right.  The father seems like a nice man and I was sympathetic to his situation.  He is not going to let his kid sleep outside and, because of his behavior, the son is out of places to go.  Usually I am stone cold business but for some reason I was soft on this one.  Thanks for talking some sense into me.

 @Nicole W. @Mary L. @Matt K. Thanks for the response.  All of you are right.  I just needed someone to talk sense into me!

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