Should I evict my brother?

Question

Currently, my brother is living in my of units of duplex rent-free in Oakland CA because he refuses to pay any rent that we initially agreed a year ago. The story behind it is complicated, I discussed that on another post if you are interested. https://www.biggerpockets.com/forums/51/topics/741921-family-property-dispute?highlight_post=4366152&page=1#p4366152

How hard it is to evict him legally in Oakland? There is no lease agreement. He just promised to pay me $1000, which he never did. He is kinda like squatter at my house now and causing trouble with neighbors.

How hard it is to evict him legally in Oakland? There is no lease agreement. He just promised to pay me $1000, which he never did. He is kinda like squatter at my house now and causing trouble with neighbors.

Neil Crook · Answer

Having read your other post about the situation,my condolences for your situation.It seems your siblings are out to get everything they can and disregard any concern for your welfare or the stress it might be causing you. I'm not from the States so have no clue on the rules etc but I would get yourself lawyer and get everything in order and make sure you are on solid ground in your purchases and ownership.

Then you can present the facts to your siblings and file suit to have your legal fees paid as suggested in the other post.

Get your brother evicted as well, seems like family relationships are not a concern considering the lack of respect to you, or your property. You may struggle because you have no agreement for the living arrangements or payments. But if you're missing out on 1000 USD per month, the lawyer costs could soon be redeemed (after you've repaired the property as I am guessing your brother has not cared for it).

Never mix family and money! Even with all good intentions, when things get serious, it's everyone for themselves and it's business.

Michael Ablan · Answer

@Louis W. -  Sorry to hear you're going through this.  I'm sure it can't be easy.

Maybe hand it off to a property manager and shift the blame to them?

Doug Pintarch · Answer

Have him legally thrown out on the street.  Spend whatever you have to to do it. Make an example of him for the rest of the vultures that share your blood.   There is no family after the age of 18.  You're on your own and they'll cut your guts out and live in your carcass for free shelter if you let them.  These are cold hard facts.  The sooner you learn it the more peace you'll have in your retirement years.

Emily Hill · Answer

@Louis W. I went through a similar situation with my step brother. Not going to go into details but basically he trashed the home, was giving neighbors a hard time,cops being called..almost got me sued...horrible situation.

I would evict your brother, no questions asked.

I tried being civil with my step brother but it got me nowhere so I had to evict him. There was no lease agreement at all. The eviction gal served him and He had 60 days to move since he had lived there for more than 10 years, there was no lease agreement and he was not on title and he wasn’t paying rent. She said he could’ve fought it and dragged it out (because good ole CA is tenant friendly) but he didn’t. He left within 60 days. Of course the house was trashed, fun for me, but he was out.

Not sure how long your brother has been living there but if it’s not long, I believe you can evict him in 3 days if he hasn’t paid and there is no rental agreement.

Fast forward two years later...he eventually apologized and we made up.

John Teachout · Answer

Don't put this off. It will only get more complicated. Provide the pay or quit notice by an approved method and start an eviction. You may want to let him know that getting an eviction filed against him is going to make it difficult for him to find another place but that's exactly what's going to happen if he doesn't leave. (don't accept any funds from him at this point as that will just delay the process)

By the way, a rental agreement is not required to be in writing (but is sure is better if it is)

Theresa Harris · Answer

@Louis W. Sorry you have to go through this.  I like the one person's idea of turning it over to a property manager.  From what I heard things can get complicated in California, so for me it would be worth it.  Start now.

Family can do weird things when it comes to money.  I'm sure your dad also gave them money over time, but they chose to spend it on other things.

Account Closed · Answer

If this wasn’t your brother what would you do?

Whatever you answer is your answer for this situation.

Hire a lawyer and get the ball going ASAP.  I know each state is different but you can’t just not pay rent.  It’s time for him to go.

Agree with the mo family after 18 comment just not worded the same way.

Colleen F. · Answer

Yes.  He deliberately isn't paying rent. Don't know personally but based on the fact you are in California could take a while. Hire a lawyer from the start. Get a recommendation from one of the experienced Oakland investors.

Hans Christopher Struzyna · Answer

That's rough man. I'm sorry you are experiencing that with family. Is he on title in any way? If not, then you likely have a case to issue a 3-day notice to pay or quit and proceed with the eviction. Because he hasn't been in for longer than a year, your timelines for that process are shorter per the Oakland Rent Control laws. If you would like the name of a great real estate/ tenant law attorney, shoot me a DM and I'll happily provide one.

Should I evict my brother?

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