no lease - when to evict

[marlaw]

is it legal to put someone out of an apartment in a house, when no lease was ever signed and that person is only a family member by living together common law with my brother and they are 4 months behind in rent. can i change the locks after giving them 2 months notice to move verbally. my brother left her behind after finding someone else.

You need to give her the appropriate amount of written notice to vacate (please give your state and we can tell you how much notice you need to give her). It has to be in WRITING! Keep a copy of this notice. If she doesn't move after that, you cannot change locks or put her out. She can sue you if you do that. It is illegal. You need to go to court to evict her.

[marlaw]

I live in Toronto, Ont. Canada

whether you have a written rental agreement or not you need to go through the legal process of eviction.

Serve her with a 3-day pay or quit and then take the steps from there.

If there is no written agreement, how can you prove she was ever supposed to pay rent? Then how can you file a pay or quit when you can't prove an obligation for that rent? Your best bet is to gibve the appropriate written notice to vacate on a tenancy at will or a month to month tenant that your area requires. Then evict if she doesn't leave.