I'm renting a 4bdrm house with my husband, expecting a baby next month and my brother lives with us. Recently, my husband and I have been having issues(exhibiting aggressive behavior towards us)with my brother where it may result with my husband and brother getting into a physical altercation, especially when my brother is drunk. My husband and I fear for our safety, even more so now that we're having a baby on the way. The landlord didn't give us a written lease, but we have a verbal agreement and a legal document stating my husband and I resides and are tenants of his property. What are my options for evicting my brother?
Dear Valley Stream Tenant:
If your brother is a tenant like you there is no eviction proceeding between tenants.
If you and your husband are the tenants and your brother is a roommate you have an eviction proceeding available to you known as a summary holdover proceeding only after you properly terminate his month to month occupancy.
Because of the fear factor I suggest you and your husband consult a local attorney for an in depth discussion of your situation. An interview with a lawyer may reveal alternate approaches.
The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.
You can serve upon brother a 30 day notice to vacate and follow up with a holdover petition. All the technicalities require a lawyer's help.
If the brother is a guest and not a tenant you should be able to remove him without formal process. It sounds like he may just be a guest.
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