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legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 9908
Experience:  Just Answer consultant at Self employed
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I am renting from an individual who moved me into a house

Customer Question

I am renting from an individual who moved me into a house that was not in his name.The individual who name is ***** ***** deed of trust is deceased. My landlord was his caregiver as the man was mentally handicapped. I
The house is under a low income loan of around $300/month. He does have poa over this property . Is this legall for him to be renting this dwelling, making profett, without his name on the deed of trust? Monies are still owed on the property, and he make the deceased man's payment. Should I stay or should I go,?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  legalgems replied 1 year ago.

Only the owner of property can make decisions as to that property-such as whether to rent it out, sell it etc. A power of attorney expires upon the death of the principal (the person who gave the other person (the agent) power to act on their behalf.

As such, if the individual is not the true owner, nor a representative of the estate (ie Letters Testamentary issued by a court) then that person would not have authority to lease the property and any lease would be void. The person can also be sued for any economic damage suffered as a result of the fraud (ie moving costs, attorney fees).

One can verify with the local probate court clerk whether probate has been opened; if not one can check at the county recorder's office to see if the deed is held in trust- if this person is the trustee, they can rent out the house if the trust so provides.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Customer: replied 1 year ago.
He got poa after the owner deceased. He moved me in before this. Is this legal. The family gave up any ownership to the dwelling.
Expert:  legalgems replied 1 year ago.

One cannot get POA after death- it must be given by the individual during their lifetime.

If the family sold him the house, then he would be the owner; otherwise, the POA is not effective if it was issued after death, as the individual must actually sign the document

Expert:  legalgems replied 1 year ago.

Checking to see how the above worked out. Thank you for using JA!