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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 35377
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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My daughter (who is in the navy) gave power of attorney to

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My daughter (who is in the navy) gave power of attorney to another navy person to give her the right to sign a lease in sharing the apartment she was on deployment at the time, that's why she signed that paper. Because of a disagreement among them after 7 months that person removed her from the lease after my daughter paid the month of July and a day later was told in a text that she's been removed from the lease. She's staying in a hotel till she finds an apartment and her belongings are still in the apartment. What rights does my daughter have as far as the rent money, money being spent on a hotel and someone using the power of attorney paper against her? This is in Norfolk Va.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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Was this a general POA or was it a limited POA specifically just for signing the lease?
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How does daughter know that she was removed from the lease?
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Did she contact the landlord to confirm that she was removed from the lease?
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The reason I am asking is that a POA wouldn't give someone the authority to just remove someone from a lease. Only the landlord can agree to release someone from a lease contract, and that is pretty unusual.
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Thanks
Barrister
Customer: replied 3 years ago.

So what if the landlord agreed, what happens than? And does the rent money for July gets refunded and by whom, landlord or the roomate? And what if any legal action can be taken against roommate for using document. The roommate texted her saying she got her removed from lease. Does my daughter have any rights to any monies being spent on a hotel for being put out?

Customer: replied 3 years ago.

It was a general poa.

So what if the landlord agreed, what happens than?
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Then if the holder of the general POA removed daughter, she would no longer have any rights as a tenant. A general POA is a very powerful legal instrument if given to someone you can't trust.
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And does the rent money for July gets refunded and by whom, landlord or the roomate?
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If the landlord released her from any obligation and her tenant rights were terminated, then the landlord would be obligated to return her rent. Since the rommate was responsible for terminating the tenancy, if the landlord refused, daughter could sue them both in small claims court under a breach of contract claim and let the judge decide who has to repay her.
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And what if any legal action can be taken against roommate for using document.
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Unfortunately, none. A POA gives the holder the right to act on behalf of the grantor of the power. So the holder would have had the legal right to remove her from the lease since she didn't make sure that the POA was a limited POA.
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Does my daughter have any rights to any monies being spent on a hotel for being put out?
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Since the holder of the POA had the legal right to remove daughter from the lease, she couldn't hold the rommate responsible for her costs because she essentially gave roommate the legal right to do anything that she could do herself.
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I am sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers, even when an answer is not favorable to the customer.

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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

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