Are we legally obligated to let our daughter stay if she relapses?

Full question:

We have a 26 year old daughter that lives with us. We have recently found out that she has a serious drug problem and she has willingly gone to rehab. My question is that when she returns from rehab are we legally obligated to let her stay here if she goes back to drugs. I have told her that we will not condone drug use in our house ever again and she swears that she will never go back but time will tell. I read the tenant at will law for New Jersey but she has never paid rent so we are confused.

Answer:

In New Jersey, a month-to-month tenancy can be ended by giving one month's notice. According to New Jersey law, if a tenancy is at will or from month to month, you must provide one month's notice to terminate it (N.J. Stat. § 2A:18-56). Since your daughter has not paid rent, her status may not qualify as a traditional tenant. Therefore, you may have the right to ask her to leave if she relapses and does not adhere to your house rules regarding drug use.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

As parents, you have the right to set rules in your home, including prohibiting drug use. If your adult child relapses, you can ask them to leave, especially if they have not established a formal tenancy by paying rent. In New Jersey, you may terminate a month-to-month tenancy with one month's notice, but since your daughter has not paid rent, her legal status may not be that of a tenant. Always consider discussing your concerns with a legal professional for personalized advice.