To evict your adult child in California, you have to treat the situation as a landlord-tenant matter: serve a written notice to move out, and if they don’t leave by the deadline, file an unlawful detainer lawsuit and let the sheriff carry out the removal. There is no shortcut. Locking them out, taking their belongings to the curb, or shutting off the power will cost you money and can hand your child a lawsuit against you.
Your Adult Child Is a Tenant Under California Law
Once an adult child lives in your home with your permission, California law treats them as a tenant at will. No lease, no rent, no written agreement is needed for that status to attach. The state’s unlawful detainer statute expressly covers tenancies at will and requires that they be ended by written notice before any eviction case can go forward.1California Legislative Information. California Code of Civil Procedure CCP 1167
In most parent-child situations the home is owner-occupied and you share a kitchen or bathroom with your child, which places you inside an exemption from the Tenant Protection Act’s just-cause requirement.2California Legislative Information. California Civil Code 1946.2 That means you don’t have to state a reason for ending the tenancy in your notice. If you’ve moved out and your child is living in the property alone, the exemption may not apply and you may need just cause.
Don’t Change the Locks or Cut the Utilities
California prohibits property owners from interrupting utility service, removing doors or windows, or blocking access to the residence as a way to force someone out.3California Legislative Information. California Civil Code 789.3
The penalties are real. You would owe your child their actual damages plus up to $100 per day the violation continues, with a minimum award of $250 per violation, and the court awards attorney’s fees to the tenant who wins that kind of claim.3California Legislative Information. California Civil Code 789.3 The eviction may feel like a family matter, but the courts don’t see it that way.
Step One: Serve a Written Notice to Vacate
The formal process starts with a written notice telling your child to leave by a specific date. For a no-fault termination, the notice period turns on how long your child has been in the home. Less than a year: at least 30 days. A year or more: at least 60 days.4California Legislative Information. California Civil Code 1946.1
Keep the notice short and clear. Include your child’s full name, the address of the property, a statement that you are ending the tenancy, and the date by which they must be out. If the Tenant Protection Act exemption applies to your household, you do not need to give a reason.
How to Deliver the Notice
California recognizes three service methods, and using the right one matters because improper service can sink the whole case later.5California Legislative Information. California Code of Civil Procedure CCP 1162
- Personal delivery: hand it to your child directly. Cleanest and hardest to dispute.
- Substituted service: if they aren’t home or at work, leave a copy with another adult at the residence and mail a second copy.
- Posting and mailing: if no one suitable is available, post the notice in a visible spot on the property and mail a copy. This is a last resort.
You can serve the notice yourself since it isn’t a court document. Keep proof. A timestamped photo of a posted notice or a witness present at personal delivery helps if service is later challenged.
Step Two: File an Unlawful Detainer Lawsuit
If the notice deadline passes and your child is still there, you file an unlawful detainer action in the superior court for the county where the property is located.6California Courts. Eviction Cases in California
The Court Forms
All of these are free Judicial Council forms available on the California Courts website:
- Complaint — Unlawful Detainer (UD-100), the core document setting out your claim.7Judicial Branch of California. Complaint — Unlawful Detainer
- Summons — Unlawful Detainer (SUM-130), which formally notifies your child of the lawsuit.
- Civil Case Cover Sheet (CM-010).
- Plaintiff’s Mandatory Cover Sheet and Supplemental Allegations — Unlawful Detainer (UD-101).
Filing Fees
Filing fees start at $240 for cases seeking possession only. They rise to $385 if you also claim damages or unpaid rent above $10,000, and $435 for claims over $25,000.8Superior Court of California. Statewide Civil Fee Schedule If you can’t afford the fee, submit a Request to Waive Court Fees (FW-001). You qualify if you receive public benefits, have low income, or your income can’t cover basic needs plus court costs.9California Courts. Request to Waive Court Fees
Serving the Lawsuit
You cannot serve the court papers yourself. A registered process server or any adult who is not a party to the case has to do it. Expect roughly $65 to $95 for a private process server; some sheriff’s offices will serve papers for less.
Your Child’s Response Deadline
Once personally served, your child has 10 court days to file a written response, which works out to about two calendar weeks.1California Legislative Information. California Code of Civil Procedure CCP 1167 If they were served by substituted service or posting and mailing, they get 20 days.10California Courts. Ask for a Default Judgment
If your child misses the deadline, you can ask the court for a default judgment and win without a trial. If they respond, the court sets a hearing. Unlawful detainer cases are prioritized on the calendar, so trial dates come faster than in other civil matters.
Step Three: The Sheriff Handles the Physical Removal
A judgment in your favor doesn’t put your child out of the house. After the judge signs the Judgment — Unlawful Detainer (UD-110), take it to the clerk and request a Writ of Execution (EJ-130), which authorizes the sheriff to enforce the eviction.10California Courts. Ask for a Default Judgment
Deliver the writ to your county sheriff’s civil division and pay the service fee. The sheriff posts a five-day notice to vacate on the property, which is your child’s last window to leave voluntarily.11California Courts. After the Eviction Trial Decision If they’re still there after those five days, a deputy returns, removes them, and locks the property.
What to Do With Belongings Left Behind
You cannot throw away anything your child leaves behind. California requires written notice describing the abandoned items, telling them where to pick the belongings up, and giving them a deadline of at least 15 days from personal delivery of the notice, or 18 days if you mailed it.12California Legislative Information. California Civil Code 1984
If the belongings appear worth less than $700, you can keep, sell, or dispose of them once the notice period runs out. If they appear worth more, you have to sell them at a public auction and hold the remaining proceeds for your child to claim, minus your reasonable storage costs. It feels absurd to formally store your own child’s old furniture, but skipping the process opens you up to a separate claim.
Consider These Alternatives Before Filing
Court costs money, takes weeks, and can end the relationship. Two approaches sometimes work without a lawsuit.
Cash-for-Keys
Offer your child a lump sum to leave by a set date. Put it in writing, name the move-out date and time, state the amount, and both sign. Pay only after they’ve moved out and returned the keys. It gives them a cushion to find somewhere else, and you avoid the courthouse.
Mediation
Many California counties offer free or low-cost mediation through the courts. A neutral mediator helps both sides reach an agreement on a move-out timeline, money, or conditions to keep living together. It tends to work when the fight is really about expectations or communication rather than a complete break.
None of This Applies to a Minor Child
Parents have a legal duty to house and support their minor children. You cannot use eviction to remove anyone under 18 from your home, and trying could bring child welfare agencies into the picture. Living arrangements for a minor are a family court matter. The process above applies only once your child is 18 or older.