[sueabee]

I let my brother move into my house after nasty split with his wife. I did not get written rental agreement ( I did not think I needed one) We agreed that the rent would be $ 1575.00 per month he said I can't afford that, I said get 2 roommates. The amount only covered the mortgage payment. He has been there a little over a year and has collected rent from roommates and not paid me. My husband lost his job and I found myself trying to pay 2 mortgages while my brother was spending all this money. Needless to say I am now in default of my mortgage. I told him I needed to move back into my house but he needed to make room for my things as well. The last roommate has decided to move out. That leaves me and my brother and now his 2 children that are destroying my house. They are breaking appliances, breaking tile you name they are doing it. He refuses to pay rent because I am in default, won't do any thing with his stuff so I can move my stuff back in. He won't do any thing with his dogs so I can have my animals there. I never gave permission for him to have them there. I now have to visit my dogs else where. My 14 year old niece told me to get out and also told me she would call CPS on me, for what I do not know. I do not know what to do, all I am trying to do is get my house back and save my sanity. Can I give 3 day unconditional notice to him, I live in California??

[ScottGem]

If there was a rental agreement, even a verbal one, then you can give him a 3-day pay or quit notice. If he doesn't bring the rent up to date, then you file for an eviction order.

Or you can treat this as a periodic tenancy and give him a termination of lease notice of one rental period. Again, if he doesn't vacate by then, file for eviction.

You will then have to sue him for damages to the property.