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Legalease
Legalease, Lawyer
Category: Real Estate Law
Satisfied Customers: 16294
Experience:  13 years experience in RE Law, including LL/Tenant, contractor disputes, comm'l prop. issues
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I am the POA mentally disabled gentleman. story short.....I

Customer Question

JA: Thanks. Can you give me any more details about your issue?
Customer: I am the POA for a mentally disabled gentleman. Long story short.....I suffered an aneurysm recently and had major surgery. Meanwhile, his rent got behind. The landlord apparently sent one late notice. Thursday this past week she went to court. Told me as of Tuesday she has possession. Meanwhile I as his POA received no letter or notice
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Submitted: 9 months ago.
Category: Real Estate Law
Customer: replied 9 months ago.
I am the POA for a mentally disabled gentleman. Long story short.....I suffered an aneurysm recently and had major surgery. Meanwhile, his rent got behind. The landlord apparently sent one late notice. Thursdaythis past week she went to court. Told me as of Tuesday she has possession. Meanwhile I as his POA received no letter or notice. I'm more than willing to correct this matter.....I just need more than ONE day that the landlord is giving me. I work and will not get out until 5:30 pm....hardly enough time to go to a couple different financial institutions in order to rectify this.
Expert:  Legalease replied 9 months ago.

Hello there --

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Was the landlord aware that this man has a POA due to mental difficulties? If so, are there any provisions in a lease or other written document which requires her to send copies of all notices sent to him to you also?

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Did the matter actually go to court (did she get a court hearing on the matter and the court granted an eviction and an eviction date)? IF so, have you seen any of this paperwork?

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MARY

Customer: replied 9 months ago.
The landlord (company) was definitely aware....I had signed the lease for him. This particular leasing agent was not someone I had worked with.....she claimed that she would have to go look in the gentlemanly file at the POA. This was after she went to court
Customer: replied 9 months ago.
She said that she was granted possession and it would be Tursday this week. I have not seen paperwork
Customer: replied 9 months ago.
I had specifically advised the company that I needed to be informed of everything
Expert:  Legalease replied 9 months ago.

Hello again --

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If she was truly granted possession and has a court order for it to happen on Thursday this week then she has the legal right to have the Sheriff come in and remove the man and his possessions and simply put them on the street corner if he has nowhere else to go. While I am surprised that the court did not seem to make any more than a surface inquiry into these matters (if the tenant was present at the court hearing and told the judge that he has someone taking care of all of these matters, then it is odd that the judge granted possession in this manner). My suggestion here to you is to get her to send you this possession paperwork immediately (tell her that you simply want to make sure that she has a proper court order for the eviction of the tenant and possession to be returned to her) and if she fails to do so then I would be suspicious of the entire claim that she has been awarded possession by the court in this matter. You should also contact the court clerk's office and see if they have copies of the case and the order of possession and perhaps they can fax or scan and email you a copy of the orders so that you can see what the orders actually state.

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If the order is valid or appears to be valid and she refuses to permit you to make the matter right by getting the money to her, then you will have no choice but to get to the clerk's office of the eviction court where the matter was heard and file a Motion to Stay Eviction and Possession with the court (the clerk's office should have forms that you can complete quickly). If you must go this route, be prepared to be available to appear in a court proceeding within 24 hours to ask for the stay of eviction and be prepared to pr.esent proof of the POA and your illness as well as anything that you have in writing that shows that she was aware of the POA situation and failed to wait a reasonable period of time after sending the notice to see if the tenants attorney in fact (you) would respond and get the rent paid up to date and respond to any other concerns or claims that she has against the tenant.

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I have no doubts here that under the circumstances the court will grant the stay of execution on the judgment and the tenant will not be evicted because what happened was beyond his control completely and beyond your control to a certain extent. However, you need to see the order and determine whether it is valid and then if it is valid and the landlord will not work with you then if you do not get a Stay of Execution hearing in front of the judge before the Thursday eviction and possession date, and the Sheriff is then called by the landlord and proceeds to remove the tenant and belongings from the unit, I am afraid at that point you will be well behind the curve and it will be extremely difficult for you to get the court to order the landlord to give the unit BACK to the tenant. And if that happens, then you might as well find another place for your charge to live (be sure that if that happens, the lease agreement states clearly that copies of ALL notices delivered under the lease and pursuant to law be delivered to you at ZZZZZZZZ address -- and you should insist upon language that states that "Any notice not sent to both the tenant and the tenant;s attorney in fact as set forth herein will be considered legally ineffective for purposes of assessing late charges and/or filing any eviction paperwork against the tenant").

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I truly wish there were a way that you could contact a state agency and have the agency step into the situation to clear all of these matters up. Unfortunately, no such relief exists in landlord and tenant law and your only means to relief here is to quickly petition the eviction court to stay its own order so that you can get the rent and paperwork straightened out with the landlord.

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Please let me know if you have any further questions. If not, can you please press a positive rating above so I will be paid for my time assisting you this morning. I am paid nothing unless you press a positive rating in the star rating section above (the middle star or the fourth or fifth star to the right of the middle star are the positive ratings above). Pressing a positive rating will not cost you any additional money -- it simply acts as the trigger to Just Answer to pay me for my time. THANK YOU VERY MUCH !!

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MARY

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