My brother lived with me for 5 years and never paid rent, was he considered a tenant or guest?

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My brother lived with me for 5 years and never paid rent, was he considered a tenant or guest?

My brother had a hard time so we moved him in with us temporarily. He was supposed to leave 4 months ago but he said that he had nowhere to go. I kicked him out the other day because he hasn’t worked in years and was living off my mother’s money. He got violent when I kicked him out. I plan on moving his stuff to storage because I don’t want him coming back here. He came the other day to get some things and tried to take my husband’s tools. I’m not comfortable having him here.

Asked on April 27, 2012 under Real Estate Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If he never paid rent and did not have a lease, he was a guest, not a tenant; and as a guest, you have the right to revoke his permission to be there at any time.

Based on what you write, you may wish to consider getting a protective order against him; you should also, if you have not yet already, strongly consider filing a police report about his violence and his attempted theft, so as to create a record of his behavior for future reference.


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