My brother is 32 years old and has recently moved in with my Mother. He is a recovering drug addict and has recently gone back to his old ways. She said that if he doesn't go back to rehab my She wants him out. Can she throw him out without notice?
If he is paying money to her as a rental, she will need to formally evict him. If he is merely residing rent free, she can have him removed, as he is not a minor child. Make sure she has a copy of the deed to her home, showing he does not have an ownership interest in the premises. I am sorry, your mother has to go through this with her son.
Additional information is needed such as who owns the house, etc. Assuming your mother owns the house and your brother does not have any ownership interest at all, then probably yes. As counsel stated here, it depends on whether your brother is paying rent, is performing services in lieu of rent, etc. The issue here is whether an actual or putative lease is in effect.
If your brother is paying rent, then a landlord-tenant relationship exists between your mother and your brother. As such, your mother would have to follow the unlawful detainer law and procedure of your state to have your brother removed from her house. If no rent is paid, your brother will be treated as a guest - and possibly a trespasser. If that is the case, your mother can have him removed immediately. Good luck.
Even if your brother is not paying rent, your mother will need to start an eviction action against him if she wants him out. She can not throw him out without notice and doing so could put her in a position to be charged criminally with an illegal lockout. Your mother should contact an attorney to start the eviction action immediately.
