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Can I Evict a Tenant for the Landlord Without a Power of Attorney? - Landlord Forum thread 326217

Can I Evict a Tenant for the Landlord Without a Power of Attorney? by Anonymous on October 23, 2014 @13:04

                              
To be clear, I am co-owner of the property with my mother (my name is on the deed), but she is out of the country for another month. The lease was signed between the tenant and my mother only. Tenant is causing lots trouble and not paying rent. Can I initiate eviction without a POA? Do I even need a POA? If I do need a POA, is it legal to scan it and e-mail it to my mother so that she can sign it?
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Re: Can I Evict a Tenant for the Landlord Without a Power of Attorney? by Lighthope on October 23, 2014 @14:17 [ Reply ]
The contract is between your mother and the tenant. You are not a party to it, so you can not initiate eviction proceedings yourself as you have no standing. You will need a Power of Attorney to do that.

Lighthope

Pearls of Wisdom - Friendly fire isn't.
Re: Can I Evict a Tenant for the Landlord Without a Power of Attorney? by Anonymous on October 23, 2014 @14:46 [ Reply ]
Well the next question would be how feasible is it to get a POA with her being halfway round the world?
Re: Can I Evict a Tenant for the Landlord Without a Power of Attorney? by Bill on October 23, 2014 @15:16 [ Reply ]
Email the POA form today. Ask your mother to sign it, have it notarized and returned to you by FedEx or other rapid mail. Then begin the eviction. While you are waiting, gather the Pay or Quit notice and the eviction forms.

After this, never allow your mother to leave the country without issuing you a POA. There are so many reasons why this is a good idea other than managing the rent property.
Re: Can I Evict a Tenant for the Landlord Without a Power of Attorney? by Monica (Ohio) on October 23, 2014 @22:26 [ Reply ]
Ask a lawyer this question but I would think because you are also an owner, you should be able to do the eviction even though your mom signed the lease. Let us know what you find out.

Not positive but I am fairly certain that I had evicted tenants in the past where my husband was the lease signer. I know it isn't something that I double check but I do check to see if my name is on the deed as we have some deeded in his name, some in mine and some in the corporate name.
POWER OF ATTORNEY IS NOT NEEDED by Anonymous on October 25, 2014 @11:33 [ Reply ]
Hold on here. You do not need a POA. All that is necessary is for your mother to make you her agent. How is that done? Mom says, "You're my agent." It doesn't even need to be in writing unless requested. So ask Mom to make you her agent then start dealing with your dregs.

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