Skip to main content

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

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.

+ Read More

Attorney answers 4

Posted

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 for informational purposes only and the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship. For legal advice relating to your specific situation, I strongly urge you to consult with an attorney in your area. NO COMMUNICATIONS WITH ME ARE TO BE CONSTRUED AS ARISING FROM AN ATTORNEY-CLIENT RELATIONSHIP AND NO ATTORNEY-CLIENT RELATIONSHIP WILL BE ESTABLISHED WITH ME UNLESS I HAVE EXPRESSLY AGREED TO UNDERTAKE YOUR REPRESENTATION, WHICH INCLUDES THE EXECUTION OF A WRITTEN AGREEMENT OF RETAINER.

Posted

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

Posted

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.

http://www.rcala.com/administrator-s-corner.html

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 try to avoid a bad outcome if you can.

Posted

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 lawyer. This site is not a substitute for legal advice and your use of this site does not create an attorney-client relationship. If you have a legal problem contact a licensed attorney in your state.