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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 29079
Experience:  Attorney with experience in family law.
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My wife's 68 year old mother took a bus from Alabama to 18

Customer Question

My wife’s 68 year old mother took a bus from Alabama to Virginia 18 months ago to live with a man she met on Facebook. Recent online activity for her checking account shows that all charges are being made with her debit card by this man and 2 checks have
been written from her account to pay the rent. One signature is a straight line and the other a poor copy. I understand she most likely allowed him to use these so this is not an issue. The landlord has said that Regina is not on the lease and that he is violating
that lease. She tells me that if we drive the 450 miles to the apartments that she will meet us there and instruct Regina and this man that she must leave. He adding her to the lease is most likely not an option as these apartments have a rent based on income.
I have told my wife that we cannot drag her mother back to Alabama kicking and screaming but she believes her Mom wants to leave. My question: Do you see any legal issues with us taking her Mom from Virginia back Alabama? I know we cannot forcibly make her
get into the vehicle but the alternative is to leave the apartment complex with her being homeless. This man is a disbarred attorney so I’d like to make sure that he has no legal recourse. Thank You, ***** *****
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

There is no legal problem if she accompanies you willingly back home as long as she is not mentally incompetent to make that decision and the boyfriend doesn't have any sort of power of attorney over her. However, it's actually illegal for the landlord to just kick her out. She has to first post a three-day notice of the lease violation, and then if your mother-in-law doesn't leave, then the landlord has to go to court and file an eviction suit to have her removed from the premises (along with her boyfriend). The landlord should probably consult with an attorney in Virginia before she takes any action.

I mention that because I wouldn't want you to drive 450 miles only to find that they're going to stay in the apartment until a judge legally removes them. An eviction takes a few weeks. But it is perfectly legal for you to drive to Virginia, ask your mother-in-law if she wants to get in the car, and bring her back to Alabama if she agrees to go with you. I can't imagine what the boyfriend would try to sue you for, because there's no cause of action there.

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