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Fedup0313 · Apr 15, 2012, 09:25 AM

Hello, my brother is 20 years old. His foster parents died and I let him live with me for 2 years. He has no money or job, but he doesn't want to get ojt of my apt and I'm moving. My furniture is being moved to my new apt today. He can not move with me to my new place because I am moving with my wife and her son. If I am moving out, does he have any rights to try and stay with no money or job?

JudyKayTee · Apr 15, 2012, 10:20 AM

Is he on the lease?

I would just move out and not allow him to come along. Let the landlord deal with him - although the landlord can and possibly will charge you for rent while HE'S living there, until he can get evicted.

He's your tenant.

Fedup0313 · Apr 15, 2012, 10:35 AM

He is not on the lease.

ScottGem · Apr 15, 2012, 10:44 AM

I assume the landlord is aware that you plan on vacating.

If you cannot turn over the apt to the landlord, the landlord can hold you for the rent. Your brother is your problem not the landlord's. Your brother is YOUR tenant and YOU have to evict him. Did you give him written notice that you were moving and that he needed to leave?

JudyKayTee · Apr 15, 2012, 11:01 AM

Yes, he's your tenant and YOU are responsible for the rent as long as he's living in the apartment.

Evict him according to the laws of your State. If the landlord has to evict him the landlord can charge you for the rent AND the landlord's legal fees (or did the landlord know he's there?)

Fedup0313 · Apr 15, 2012, 11:16 AM

I gave him a 10 day notice to quit.. He pays no rent.. I was trying to help out and this is what I get.

ScottGem · Apr 15, 2012, 11:23 AM

Originally Posted by Fedup0313

I gave him a 10 day notice to quit.. He pays no rent.. I was trying to help out and this is what I get.

What made you think a 10 day notice was legal? The fact that he pays no rent is immaterial. After 2 years he has established residency and has to be treated as you would a paying tenant. But since no rental was required you can't give him a pay or quit notice. ANY question on law needs to include your general locale as laws vary by area.

When does the 10 days expire and what was his reaction to the notice?

JudyKayTee · Apr 15, 2012, 11:30 AM

Originally Posted by Fedup0313

I gave him a 10 day notice to quit.. He pays no rent.. I was trying to help out and this is what I get.

Who told you to give him a 10-day notice? Were you aware that at the end of the notice he'd have to be evicted?

I know - you try to help someone and YOU'RE the one who gets punished. The sad part is that it sounds like he had nowhere else to go when you took him in.

Fedup0313 · Apr 15, 2012, 11:34 AM

He didn't really react to the notice... I am in New York,ny.. And I was researching my issue and 10 day notice kept coming up. I just wanted to give him something that looks like a real legal document, so that he would get his things and go.

ScottGem · Apr 15, 2012, 11:40 AM

MONTH-TO-MONTH TENANTS

In New York City, 30 days' notice is required, rather than one month.
NYC Rent Guidelines Board

So you need to give him a written 30 day notice to vacate. If he doesn't vacate within the deadline, then you have to go to housing court to file for an eviction order.

In the meantime, you can't give possession to the landlord so you have to continue to pay rent.

Fr_Chuck · Apr 15, 2012, 11:40 AM

You are not moved out of the apartment till he is also out, your landlord will keep charging you rent and hold you liable for any damage he does. Even after you move out, since it is your duty to evict him.

Since it appears you were not charging him rent, you can not evict him for non payment, and I don't believe a 10 day notice will due, But if he is not at, you have to file in housing court for a formal eviction. It may take you 30 to 60 more days to actually evict him.

I would go and talk to my landlord about the issue and let them help you do it properly and legally, and let them be aware of what if going on