Can I evict my brother without any formal eviction?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I evict my brother without any formal eviction?
My brother has lived in my house for 5 1/2 years rent free. He paid 200.00 for about 10 months in 2006 but none since. There has not been any legal contracts but he’s refusing to pay me anything now that I have asked and refuses to leave.
Asked on July 1, 2009 under Real Estate Law, Georgia
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
It sounds to me like your brother is a guest, not a tenant; I'm assuming here that he doesn't have anything like an apartment to himself, just a room and the use of other "common areas" of the house like the kitchen and the hall bathroom. When a guest is no longer welcome, and he knows he's no longer welcome, he becomes a trespasser.
The laws and procedure vary somewhat from one state to another, so your best bet is to talk to a local attorney before you call the police. One place to find a lawyer is our website, http://attorneypages.com
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.