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This is a legit question. I've seen or have been told multiple answers. Basically in the US specifically in the state of Tennessee can a parent take the property of their adult son/daughter while they live with their parents? For example someone buys a phone and gives it to them can the parent take it away?

I'm not to familiar with these types of laws and I realize that some might think I'm just being dumb but I really am not sure the answer

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    Why would you think parents would have the right to take property away from an adult child just because they are also their landlord?
    – nick012000
    Commented Oct 3 at 7:43
  • @nick012000 I think the obvious answer is that there may be a belief that the parents can engage in this behavior as a condition for providing rent-free room and board.
    – bdb484
    Commented Oct 3 at 12:55
  • @nick012000 The OP isn't stating whether the child is of age meanwhile. I believe the answer might be quite different whether they are or not.
    – PMF
    Commented Oct 4 at 6:55
  • @PMF the OP did write "adult son/daughter", that usually means not minors (i.e.: of legal age).
    – littleadv
    Commented Oct 4 at 8:07
  • @littleadv Ah, stupid me. The "adult" was only in the title, but not in the text.
    – PMF
    Commented Oct 4 at 8:54

2 Answers 2

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As already noted in the comments by nick012000 and bdb484, first, the fact that the parents are the landlords of the adult child as such gives them no right to the property of the child.

One could try to argue that there is implicit rental contract between parents and child where the parents provide the room for no direct monetary compensation but instead retain the right to confiscate valuable property of the child as payment.

While I assume one could make a contract of that form (with some limit to the total value to be confiscated that represents the rent) I don't think any assumption that the implicit agreement between adult children and parents should be interpreted that way would hold in court.

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Out where I live we have trespass of movable property which involves unlawfully interfering with or damaging someone's movable property. It's a wrong against the right of possession of the plaintiff. I just checked the trespass laws in Tennessee and I dont see any clauses about trespass of movable property so I'm not sure about the legal proceedings one can take on this offence

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  • Welcome to the Stack! I think you might be on the verge of a good answer here. The querent has tagged this question with Tennessee, but we generally accept answers from other jurisdictions as a matter of course so folks can see how laws vary. To do this, can you preface your answer with the tag for where you live and provide a citation to the relevant law that you are referencing? Commented Oct 4 at 13:39
  • The question isn't about damaging the property, it's about taking it. That seems like simple theft.
    – Barmar
    Commented Oct 4 at 15:44

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