Q: Can I legally kick out my 17-year-old daughter before she turns 18 in Florida due to behavioral issues?
I am the parent of a 17-year-old daughter who will turn 18 in September. She has mental health issues and is currently on probation, which she has violated. She refuses to get a job, rarely attends school, and is verbally abusive, demanding money from her father's death benefit. Recently, the police informed me I could legally kick her out. Given her age and the legal aspects, can I legally ask her to leave before she turns 18? She is also destructive to property and resistant to recommended inpatient treatment.
A: To remove an occupant from a home, whether they have a lease or not, and have been staying there for more than 3-4 weeks, a court order from landlord-tenant court is required. If the occupant is a child under 18, this may serve as a complete defense to eviction. A person cannot simply be told to leave the home, regardless of their age, without a court order. That being said, if this individual is physically violent towards the homeowner, then that may be grounds to get some type of restraining order and order that the child be placed in foster care if under the age of 18. Consulting a landlord-tenant attorney before taking any legal action is recommended.
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