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Category: Legal
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Experience:  Licensed attorney helping individuals and businesses
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I am in vermont dealing with a mess.I am the co-owner on a

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I am in vermont dealing with a mess.I am the co-owner on a duplex i live on 1 side.And my uncle lives on the other.In august 09 my uncle got a roomate,2 days later he is in jail pending trial.The roomate verbally agreed to my grandmother(who was not power of attorney at that time)to take take over the apartment for $900 a month + $900 security and his own utilities.In Oct he paid $900 and refused to pay security stating the place isnt worth it.2 days later he serves 20 days in jail and we come to find out he ilegally rented my uncle"s room to someone else.So my grandmother who was power of attorney at this time Oct 18 2009.Went there to remove the illegal roomate and the jailed roomate for abandonment.He called the cops and my grandmother was told to legally evict the jailed and illegal roomate. My question is my uncle(who is detained not serving a sentence) still has most of his possesions in home incuding utilities under his name can they be removed after 15 days for nonpayment?
Submitted: 6 years ago.
Category: Legal
Expert:  INFOLAWYER replied 6 years ago.
His items cannot be removed. He would need to be formally evicted. Even after the sheriff evicts, the landlord would need to store his items or provide him or his agent access to recover them.
Customer: replied 6 years ago.

Thanks,But if the tenant moved in as a roomate to the residential lanlord(uncle), and the roomate illegally rents my uncles room to someone else,I would legally have to evict the person in my uncles room?My grandmother had no legal right to offer the apartment to the roomate(she was not power of attorney). Wouldnt be like me renting out my neighbors house when thier not home.I thought a residential lanlord in VT can remove a roomate for nonpay after 15 days?

Expert:  INFOLAWYER replied 6 years ago.
If the person is living there, even if without permission, you would need to formally evict as noted.
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Customer: replied 6 years ago.
If my uncle is the owner and still legally lives there, through possesions and utilities could he give my grandmother permission to be in the home?I also know its against the law to turn off utilities.But if the person who pays them is in jail and there is no way to pay them without the tenant paying rent and they get shutt off for nonpayment would anyone be in trouble?Bad enough this whole process may put us in foreclosure.Could tenant be sued if it puts us in foreclosure?He has lots of money for always suing people.He has the money but choses not to pay for retaliation.
Expert:  INFOLAWYER replied 6 years ago.
An owner or tenant can authorize someone else to make decisions and payments but should do so in writing.

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