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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 41221
Experience:  Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.
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Eviction of a unwanted house guest.

Customer Question

Eviction of a unwanted house guest.
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your post. Please permit me to assist you with your concerns.
If I may ask, does your grandmother want her gone? Is there a power of attorney listed for your grandmother?
Customer: replied 2 years ago.
Yes. My grandmother has accused the both of them of steeling from her in the past.This was proven when my uncle that was assaulted got power of attorney after the lawyer was able to access my grandmother's savings account and found 1,751.00 after almost five years of receiving $800.00 monthly under the supervision and management from the uncle w/no power of attorney.Yes to answer your question there is a legal power of attorney listed for my grandmother.
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your follow-up. Who is listed as the power of attorney?
Customer: replied 2 years ago.
There are two uncles, the uncle who has the wife and no power of attorney and the uncle with no wife who has the legal power of attorney through the courts.
Expert:  Dimitry K., Esq. replied 2 years ago.
Hi,
The reason that I ask is because you yourselves do not have power to evict, as you are neither home-owners of the property nor are you parties who hold the power of attorney. In this case either your grandmother, or the uncle via the POA through the courts would need to give him written notice of 30 days that he is being requested to leave and that his permission to remain on the premises has been terminated. That person, for better or worse, is correct that you personally cannot evict her and that she can demand that notice from your grandmother...but it can also come from the POA holder as well who would be working on behalf of the grandmother. Then if that period of time expires and she is still on premises, the uncle or your grandmother can go to court and file for a formal eviction. Even if this person is just a guest, the law treats them as a tenant meaning that they are entitled to a formal eviction.
Sincerely,
Dimitry, Esq.

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