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


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 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,

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