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Roger, Lawyer
Category: Real Estate Law
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my mother in law is 87 and in a rest home. My husband has her

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my mother in law is 87 and in a rest home. My husband has her power of attorney. Her dead beat grandson is in her rental (no rental agreement)and hasnt paid rent in years, how do we kick him out?
Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney. Thanks for your question.

Your husband, as power of attorney, has the right to evict your stepson from his mother's home. Even though your step son hasn't paid rent, he would likely be considered a tenant under the law, which requires an eviction.

Your husband can file an unlawful detainer action against him. Here's a link for the forms: Also, here's a good link that you can read that outlines the process of completing the forms:

Also, your husband could consult an attorney to assist in getting him evicted. Usually, a court allows the owner of the property to seek attorney's fees in addition to unpaid rent.
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