Roomate After a 60 day written notice is served

[garyr69]

I was in a lease with my brother and the lease is over we are now on a month to month he is unemployed and has not help pay the rent for the last year I have given him a 60 day written notice to move it has been 60 days and he says he will leave but has not what are my next steps to get him to leave the apartment and the property

 

[shrinkmaster]

Your brother pays rent to you? You are homeowner?

 

[mightymoose]

It does not sound like you are the owner, landlord, or master tenant, but are co-tenants.
You should talk to the landlord about evicting your brother. It is quite possible your 60 day notice is meaningless if you are not the owner or landlord.

Clarify if you and your brother leased together from someone else (which is what it sounds like), if you leased the home and entered a sublease with your brother, or if you are the owner living with your brother and leasing a room to him.

Your solution varies depending upon the situation you have.

 

[garyr69]

It does not sound like you are the owner, landlord, or master tenant, but are co-tenants.
You should talk to the landlord about evicting your brother. It is quite possible your 60 day notice is meaningless if you are not the owner or landlord.

Clarify if you and your brother leased together from someone else (which is what it sounds like), if you leased the home and entered a sublease with your brother, or if you are the owner living with your brother and leasing a room to him.

Your solution varies depending upon the situation you have.

My brother and I leased a apartment together for a one year lease the year was over in March an which time we are now in a month to month with the apartment I spoke to the land laid in March and told her I was giving my brother a 30 day notice to find a job and help pay the rent and the land laid said I had to serve him with a 60 notice which I did and the 60 days was up yesterday which he said he would leave but is now refusing to leave my brother said that the Sheriff has not forced him out I am trying to find out what is my next step to get him to leave

 

[mightymoose]

Your landlord needs to evict him. You do not have authority to force him out.
If the landlord is giving you permission to act on her behalf I suggest you get that permission in writing.
If that is done then the next step is to begin an eviction through the court. The court will then issue another notice and your brother well have another couple months to work the system before finally being forced out.... assuming you are able to handle everything properly.
It is best to have your landlord handle it, but your landlord likely doesn't care so long as the rent is being paid. She doesn't care that your brother isn't paying his share. That is between the two of you and doesn't involve her.

An easier solution for you is to give your landlord 30 days notice and move out, leaving your brother behind.

 

[shrinkmaster]

I agree with MM give your Landlord notice that your moving leaving your brother on the hook for rent