If your brother pays rent, he is a tenant, not a guest--a tenant on an oral (or verbal) lease, which is what you call it whenever there is no written lease, which means that he is a month-to-month tenant. To remove him, you would have to evict him. If he has not been paying the agreed-upon rent, you can evict him for nonpayment; or since he is a month-to-month tenant, you can give him 30 days notice terminating his tenancy, then evict if he does not leave.
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