How do I evict someone where the contract is verbal and not written?

Asked about 1 year ago - Phenix City, AL

I allowed my brother to live in an "Action Building" storage building behind my house. The storage building has electricity, no running water, no plumbing. Brother uses my bathroom facilities and kitchen facilities inside my home. Brother pays $100.00 monthly based on a verbal agreement to live in the shed until he can find accommodations. He is causing trouble and claims he does not have to leave my property without a formal eviction notice. I verbally gave him 30 day-notice but he now says he can live in this shed until September without paying rent. Since this is family I do not wish to air an eviction in public court.

Attorney answers (4)

  1. Kimberly Michelle Perkins

    Contributor Level 9


    Lawyers agree

    Answered . Because this would not be a "run-of-the-mill" eviction, I think this would be worth discussing with a local attorney off-line. Please be advised that if he continues to refuse to leave, you will have to involve the Court, regardless.

    No representation is made that the quality of legal services to be performed are greater than that of any other... more
  2. Brandy Ann Peeples


    Contributor Level 19


    Lawyers agree

    Answered . The only way you can legally evict him is to go through the court process of eviction. Like it or not, when you accepted money from him to live in the premises, you became a landlord. Tenants are afforded protections under the law -- provide him with a 30 day written notice (as you have a month to month tenancy), and if he does not adhere to the notice, you'll have to file appropriate paperwork with the court.

    DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided... more
  3. Steven Warren Smollens

    Contributor Level 20


    Lawyers agree

    Answered . Dear Phenix City Property Owner:

    I am an attorney licensed to practice law in New York. I do not practice law in Alabama.

    You could check out the eviction process at the Russell County Judicial Center.

    Since you want your brother to move and you do not want to air the family business in court, you may find that a local attorney could assist you in finding a financial inducement for your brother to pack up and go, and at the same time, sign a release from the landlord and tenant relationship and a surrender of all tenancy rights he may have acquired while living in the shed.

    Good luck.

    The answer provided to you is in the nature of general information. The general proposition being that you should... more
  4. Cheryl Rivera Smith

    Contributor Level 20


    Lawyer agrees

    Answered . Attorney Peeples offered excellent advice. Additionally the filing desk at the local eviction court should have instructions and forms for you.

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