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i have a lease on a house,only my names on the lease. my brother

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moved in 2 1/2 years...
i have a lease on a house,only my names on the lease. my brother moved in 2 1/2 years ago made verbale agreement he pay utilities and i pay rent. if he defaults he's out. well he defaulted i asked him to leave and he won't. how do i get him out
Submitted: 6 years ago.Category: Legal
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Answered in 5 minutes by:
2/1/2011
Lawyer: Richard, Attorney replied 6 years ago
Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 55,797
Experience: Attorney with 29 years of experience.
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Good evening. If he obtained a TRO and the lease is in your name, then he's the one that has to leave, not you. You can file a motion with the court to force him out to allow you to comply with the TRO. In the interim, you have to follow the steps that you would take to evict a month to month tenant....which is to give him a 3-Day Notice to Quit...meaning he must vacate the premises within that period or face formal eviction. Then, if he still has not left, you must file a petition for an eviction order. Once that is granted...you can have the sheriff evict him. You may then file a claim against him for all unpaid amounts. Once you get your judgment, you can attach his assets, including bank accounts, and garnish his wages, to collect that judgment.

 

 

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The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

Richard
Richard, Attorney
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