How can I evict my brother from being in my house?

I’m 6 months pregnant and stressed and my husband and I were helping him get on his feet. He brings weed into our house I told him to leave but he won’t. I just want him gone. What can I do?

Asked on January 13, 2013 under Real Estate Law, South Carolina


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

His status - guest turned freeloader - may indeed force you to take the necessary steps to evict him.  You are going to have to serve him with Notice. The landlord may end the tenancy at the end of the month to month tenancy on seven days notice pursuant to N.C.G.S. 42-14. If the tenant does not leave prior to the end of tenancy period then the landlord may file an action for summary ejectment based on holdover. The complaint must be specific and the notices and complaint properly served.  Self help - throwing him and his things out - are not allowed.  Perhaps another family member can interceded because this may get expensive.  Good luck.

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