Legal Question in Real Estate Law in California

Re: Removing brother from house in a Tennancy at Will

Your brother's occupancy of your house may be a tenancy at will, or perhaps a tenancy at sufferance, or perhaps he is a guest, a lodger, or maybe even a trespasser, depending upon how he got there, what the facts say about your ten years of acquiescence in getting no rent, and so forth. Hopefully he is not an adverse possessor (probably not)!

In any event, the technique that seems to offer the best combination of being easy, quick, cheap and foolproof is to go through the usual first steps of unlawful detainer by serving a 30-day notice. You can learn the procedural details from a self-help law book (possibly available at your library) on how to be a landlord, or, from another point of view, on tenants' rights.

Considering that it is your brother, you should try negotiation and friendly persuasion first,

Re: Removing brother from house in a Tennancy at Will

If he won't leave voluntarily, you can serve him a 30-day notice to quit the premises, meaning he would leave at the end of 30 days. If he doesn't, you can then serve him a 3-day notice to leave, and then sue for unlawful detainer.

Re: Removing brother from house in a Tennancy at Will

To be on the safe side, give him a 30 day notice to vacate. If he has not done so by then, give him a 3 day notice. If he still has not vacated, then you can start an unlawful detainer (eviction) proceeding.