No Lease occupant needs evicted

I have a brother that I let stay in my house until he gets back on his feet with the knowledge that if he gets drunk in my house that we will evict him. Also, he was only to be here about a month, and no, we did not get that in writing. He has gotten drunk in my house 3 times and we need to evict him. He gets his mail here and he does not pay rent. What is the best way to handle this? Should we give him an eviction notice? If so, what should it say to be legal?

[OHlandlord]

Call your local police department or local landlord's association and explain the situation. Having been there so short a period, no rental agreement, and no rent paid - he may be considered an unwanted guest that you can kick out without an eviction. Did he move in furniture? Getting mail at a residence is only one of the items that CAN prove residency. (He could conceivably get mail there without actually being a resident.) Having been oinly a month, it is possible that he is not a resident, but a guest who overstayed his welcome.

As far as furniture, he has been using our furniture in the bedroom. He only has a kitchen table and chairs out in the garage. Also in the garage is most of all his stuff. Thank you for your advise. I will call the local police to find out more. Thanks again.

Originally Posted by Unregistered

I have a brother that I let stay in my house until he gets back on his feet with the knowledge that if he gets drunk in my house that we will evict him. Also, he was only to be here about a month, and no, we did not get that in writing. He has gotten drunk in my house 3 times and we need to evict him. He gets his mail here and he does not pay rent. What is the best way to handle this? Should we give him an eviction notice? If so, what should it say to be legal?

Your brother is what is classified as an occupant if he has lived in the premises for over thirty days, you must follow due process and go to landlord & tenent court and proceed with an eviction proceeding for non payment of rent

[OHlandlord]

The 30 days rule varies by state. Some states have longer periods, other have shorter periods to determine whether he is an occupant or not. Additionally, there are different factors per state to prove occupancy (in my state: recieving mail there, bathing, sleeping, and taking meals at the unit, having personal effects there, having furniture there, living there for more than 30 days, are all partial proof of occupancy.) Since the poster said he has been there "about a month", and that all his furniture is in storage, this brother may or may not be determined to be an occupant. The LL's association can tell you what the rule is for your state. I suggest you call them Monday morning and ask. (The police may not always know the correct answer and sometimes give wrong info.) You may have to give your brother a writtten notice to vacate within 30 days, then evict if he doesn't leave. But then again, if your state has a longer period to determine occupancy, or of your brother does not meet the tests of occupancy, you may be able to just get him out without court hearings. Call a LL's association and ask.