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My brother pays one third rent in a half duplex, the person…

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My brother pays one...

My brother pays one third rent in a half duplex , the person that holds the lease had a entail breakdown and his sister who has power of attorney has taken him in - she has contacted the landlords and advised that he will not be coming back so she is giving notice on the lease - she did not give notice to the other two renters in the home because they are not on the lease just friends who pay their share of the rent - she has also entered residence and taken out the washer and dryer and attempted to take th fridge as well but was stopped from. Doing so. What do I do - there is now way we can find a place for my brother at this time. He is on disability and is 67 - his income with cop and lac is only about 1200 a mointh

Lawyer's Assistant: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?

Sent a message did u not receive

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

He does not have the lease the other person is the lease holder and he pays that person a portion of the rent

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He is 67 yrs of age and receives disability and oas

Submitted: 7 months ago.Category: Landlord-Tenant
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Answered in 8 minutes by:
12/3/2017
Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 13,470
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 7 months ago

Thank you very much for your patience. I'm very sorry to hear about your brother's situation. Generally, if your brother is living in this place, he is going to be considered a subtenant and his rights are going to be tied to the rights of the original tenant, the person who had a mental breakdown. This means that he can't be evicted unless either the landlord or the primary tenant decides to evict them lawfully, with at least 30 days notice. If the person with the POA decides to have them evicted, then she would be able to , but she has to give notice. The only other option for your brother is to work with the landlord to take over the lease and become an official lease holder so he can't b evicted at any point going forward. there may also be some temporary housing assistance in your state as well for people like him.

As far as removing the washer, dryer, and fridge, she's not generally allowed to take them unless that was the original tenant's stuff; however, if there was an agreement that a part of the reason your brother would be staying is because the access to those things, then she can't do so legally without being in violation of their rental agreement.

What other questions did you have for me?

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