Since your brother has seemingly moved in without signing a lease with you and you want him out, he techically is under a month-to-month lease under the eyes of the law. In order to evict him, I suggest that you serve him with a thirty (30) day notice of termination of his possession of the rental.If he does not move out in this time period, you will need to file an unlawful detainer action against him at the local court house. I suggest that if matters come to that, you consult with a landlord tenant attorney to assist you.