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When there is no lease and whether or not your brother in law is paying rent, hi is legally considered an "at will" tenant, which is treated legally as a month to month tenancy. As such, under Maryland law (Md. Code Ann (Real Prop.) § 8-402), she can terminate the tenancy by giving written notice of at least one month. Then, if he doesn't leave, the law does not allow her to forcibly evict him without obtaining an eviction order from a court. What that means is that if termination date comes and he does not move out, she cannot simply change the locks or throw his things out. Rather, what she has to do is to first deliver a 5-Day Notice to quit...which basically says he has 5 days to leave or face eviction. But, if he still doesn't leave, she must then file an unlawful detainer petition with the court for an eviction order. Depending upon the court's docket, it can take anywhere from about 15 days to a couple of months to get a hearing. Only when a judge has issued the eviction order can she have him evicted. That will not only buy him some time, it also gives him leverage....if she wants him out early, she's going to have to pay him to do so.
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