How do I get my brother out of my house?
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How do I get my brother out of my house?
Over 6 months ago my brother and his wife moved in with me until they moved to HI. Since then he has gotten in to trouble with drugs and didn’t get to move with his family when they left, so he’s still here. He is starting problems and threatening me and my boyfriend. He is not on the lease and the landlord says he needs to get out. What do I do? Do I need a written statement or can I just make him leave?
Asked on May 16, 2011 under Real Estate Law, Oklahoma
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If your brother is making threats you can all the police and they will remove him. However, you can also bring an unalwful detainer action (i.e. eviction) to have him legally removed. If he's not on the lease and not paying rent, then he will be considered to be a "licensee". That is, he is someone who has been invited onto the premised by the legal occupant. Now that such invitation has been revoked, you will need a court order to get rid of him (that happens after you file for eviction). Typically, you must give him a 30-day notice to leave. If he doesn't leave then you must go to court. If he still remains after a judge has ruled in your favor, the sheriff will remove him (and by physical force if necessary). In the meantime, just give him his notice and do nothing else. If you attempt to lock him out or remove his things, you may be subject to legal action yourself. Again, however, if you fear for your safety, then you should contact the police ASAP.
Note: Your landlord could start an eviction action against you for being in breach of your lease (you have someone living there who is not on the lease). So you should take action quickly.
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