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I need to remove my brother in law whom we helped out by…

Customer Question
I need to remove...

I need to remove my brother in law whom we helped out by letting him live with us but he gets drunk and has broken things off our wall. He only pays a small amount for food.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Sorry, we live in MD.

Lawyer's Assistant: Has anything been filed or reported?

No, nothing. I just keep threatening to put him out

Submitted: 10 months ago.Category: Legal
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Answered in 6 minutes by:
9/25/2017
Lawyer: Lucy, Esq., Attorney replied 10 months ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,264
Experience: Lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

Whenever someone moves in with you based on a mutual agreement, that creates an at-will tenancy. The law doesn't create any exceptions for family or a situation where someone moves in to another person's home. An at-will tenancy can be terminated by any of the parties at any time by giving proper notice. If he pays for food/groceries weekly, then you could give him 7 days notice to vacate. Otherwise, he's legally entitled to 30 days. The notice must be given in writing. If he doesn't leave, then you'll be able to go to court and file an eviction case to get him removed.

If the property is in Baltimore City, Takoma Park, or College Park, there may be additional local restrictions. Contact the city to see what they are.

If he stops paying his share, then you could file for eviction as soon as he misses a payment. The one drawback there is that, if he pays the amount owed before the court date, you'll have to let him stay for at least another month after you served a notice.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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Lawyer: Lucy, Esq., Attorney replied 10 months ago

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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