Since December of 2014 my mother and older brother have been staying with me and my family. I told them they could only stay if they promised to help out with bills and groceries. My mother has a full time job and a part time job and has been doing her part on helping out but my brother hasn't paid anything since January 2015 and what he gave us for that month. The full rent was $525 and the electric was anywhere between $200-$300 and everything was supposed to be split 3 ways. We moved from that place to a bigger house on May 9th 2015 where the rent is $1000 every month, the electric bill for this month was $159, the water bill was $36, and cable was $278 and he owes me well over $1000 maybe even over $2000. The problem is that he's not on the lease and nothing on paper saying he will.
This questions is not a probate question, probate is the formal process of passing property to beneficiaries and heirs after someone dies. I have tagged some other areas of legal practice that I think may be better able to assist you.
You can and will likely have to if he won't leave voluntarily. You will need to hire a lawyer to handle this though and plan on spending a good deal of money dealing with such a family issue in court. Sucks, but it is what it is.
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This is precisely why everything that is "agreed upon" must be in a form of a formal, written agreement. If you already knew that he wasn't helping out in the smaller house, why on earth did you allow him to move with you to the bigger house without putting his responsibilities in writing?? He is taking advantage because you have let him do so. Since he has NOT paid anything, yours is a matter for "unlawful detainer" - not an eviction. You will need an attorney to help you get him out.
Practicing in South Carolina and Florida, in the area of Estate Planning and Elder Law, with a particular focus on Special Needs Planning for the care of disabled children and adults.
Yes you file an unlawful detainer which is essentially an eviction and the court will have the sheriff remove him plus make him pay what he owes you. Hire a lawyer familiar with this process to assist you.
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You can, but you would be in Small claims court. You could hire an attorney, but the legal fees would likely be more than you are looking to recover so that would not make sense. Most county courthouses offer a class on filing your own small claims court case.
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