I live in the state of VA. My older brother has been living with me and my children for over a year now as he needed a place to stay. I didn't think this would be a long term thing but it doesn't look like he plans on going anywhere. He is not the easiest person to get along with and doesn't pay enough for the cost of him living there. I am pretty much going in the hole with him there. We had a disagreement so I told him he would need to leave the home and gave him a verbal 30 day notice. He then stated, "I will need that in writing". I proceeded to type an "eviction" notice and handed it to him with my signature and date. From that point he started to berate me and threatened to have me and my children evicted. I know that is not possible as my name is on the lease. He tries to get under my skin in any way possible. I know that the next 30 days will certainly not be fun so am wondering if it is possible to get him out sooner. I hate to do this but he is pretty mean. In the past he was very abusive physically and now verbally. He did slam the door on me while standing in it last night but I don't think he will physically hurt me as much as he will continue to verbally. He continues to call me a bad mother and make up complete lies. I am trying to be the adult and ignore him but it is difficult. Any ideas on getting him out sooner?? Thanks so much!

Hello jay:

If you don't actually evict him through the courts, he'll be there LONGER than 30 days - not shorter. And, you DO need to evict him because he paid rent, making him a tenant. He's considered month to month, so you don't need a reason.

However, if he abuses you call the cops. He'll be gone, like right now, but you still need to evict him.

excon

Frankly, I would take the tact he's trepassing. I would call the polkice to remove him. EVen though he may have paid you, its possible that would not be considered rent since he's a relative.

Thanks so much to you both for your responses. They did indeed help however things got a bit crazy over the weekend and I had to get a protective order. He started turning the power off and on with the breaker that is located in the basement where he stayed. He kept following me around every where I went just trying to get under my skin. I was unable to use my house phone as he would push buttons whenever I got on it. My 2 children both said they were scared and I don't want them to have to deal with such ignorance. He has threatened to contact social services and have my 2 sons taken away and they heard it and were scared about that as well. I know my children will not be taken away from me but to have to deal with this is crazy. He came in to my room and put something behind a basket I had on my dresser. I went to see what it was and found that it was a pipe. Well, he told my mom that I use drugs and there were "pipes" all over the house (he is the one that uses and has a charge to prove it). I am afraid he was trying to set me up so I thought about having the police come and search my home just in case. On Sunday he threatened me and would not leave my bedroom (he kept screaming at me) so I did the only thing I knew to do and that was call the police and to get the protective order. My mom is trying to mediate and he said he would not come back. I changed the locks yesterday so hopefully I won't have to worry much longer. He used to be VERY abusive so I fear that he will do something. He is also on meds for depression but they are not helping him. My mom has said she thinks he is bi-polar. My mom has started to get his belongings for him as he is not to come back. I am going to do what they call a "sheriff's eviction". Not sure exactly what that is but will find out when I go. I figure I should do all that is needed to ensure I don't have to worry any longer. The protective order is only good for 3 days so I have to go to the courts and try to get that extended. He made it clear before I got the order that he was going to make my life hell for the next 30 days. Lesson learned, DON'T LET YOUR CRAZY BROTHER MOVE IN NO MATTER WHAT!! Thanks again to you both!!