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P. Simmons
P. Simmons, Attorney
Category: General
Satisfied Customers: 26134
Experience:  45 years old, retired Marine Officer, current attorney
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My sister & her husband are in federal prison on drug charges.

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My sister & her husband are in federal prison on drug charges. My Dad has power of attorney for both of them. Their daughter had just turned 18 when they were sentenced. We have allowed the daughter to stay in her parents home but she is trashing it. We would like to throw her out, change the locks & clean the house because her mother is due to be released in 6 weeks and it has to pass her probation officers inspection. Can we do this right away or must we give her notice even though there is nothing in writing regarding a lease.
Submitted: 4 years ago.
Category: General
Expert:  P. Simmons replied 4 years ago.
What state is this in please?
Customer: replied 4 years ago.
North Carolina
Expert:  P. Simmons replied 4 years ago.
SO you have control over the parents home? How long has daughter been there?

Customer: replied 4 years ago.
Sister went into prison 12/17/07 and sister just bought house 6 months prior and daughter moved with her.
Expert:  P. Simmons replied 4 years ago.
Understand, but you have legal control over the home currently?
Customer: replied 4 years ago.

Father has complete power of attorney for both sister and husband over bank, business and all bills, etc.

Expert:  P. Simmons replied 4 years ago.
Got it

You father can evict her. However, since she is living there, dad should give her 30 days notice. Put this is writing and have someone else give it her. Keep copy.

If she does not leave after 30 days you can start eviction proceedings


     
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Customer: replied 4 years ago.
She actually voluntarily moved out 10 days ago with boyfriend but continues to come back and hang out and party. Just last night she informed neighbor that we couldn't put her out of house without notice or she would take Grandfather to court.
Expert:  P. Simmons replied 4 years ago.
Well, that depends...if she actually moved out, you can change the locks. If she takes you to court, you will need to show that she, indeed, moved out.

Your much better of to simply provide her notice...that way if she fights, you will win

Customer: replied 4 years ago.

Last question, if we have her mother's permission in writing to put her out does this help in removing her immediately or do we still need to give 30 days.

Expert:  P. Simmons replied 4 years ago.
Nope, you do not need mom's permission. The power of attorney functions as that.

The reason you need to give notice is if you just change the locks and she sues for wrongful eviction, you will need to go to court and prove she was not living there at the time.

P. Simmons, Attorney
Category: General
Satisfied Customers: 26134
Experience: 45 years old, retired Marine Officer, current attorney
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