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  1. #1
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    Apr 2016
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    Default Evicting a Tenant Pursuant to a Power of Attorney Issued by the Property Owner

    My uncle made me the Durable POA for his property(he lives in another state). I am about to do an eviction, can I be the on that file all the paper work.I made the lease in my name? I see if on the eviction package it say if the case is contested. Which I think might happen the owner have to be present. Any help will be appreciate.

  2. #2
    Join Date
    Mar 2013
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    18,340

    Default Re: Evicting a Tenant Pursuant to a Power of Attorney Issued by the Property Owner

    What state are you and the property in?

  3. #3
    Join Date
    Apr 2016
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    2

    Default Re: Evicting a Tenant Pursuant to a Power of Attorney Issued by the Property Owner

    Thank you for your response. Florida

  4. #4
    Join Date
    Sep 2005
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    Default Re: Evicting a Tenant Pursuant to a Power of Attorney Issued by the Property Owner

    Quote Quoting law23
    View Post
    My uncle made me the Durable POA for his property(he lives in another state).
    Why didn't he simply make you his apartment/property manager?
    Quote Quoting law23
    I am about to do an eviction, can I be the on that file all the paper work.I made the lease in my name?
    If you made yourself the landlord, then you're going to need to be a party to the eviction. But why did you make yourself the landlord?

    Normally a property manager can represent a landlord during an eviction. The difficulty here is that, by making yourself the landlord, you didn't rent the premises out on behalf of the owner -- you did so on behalf of yourself (even if you didn't profit by making yourself the landlord). Without reviewing your documentation, I am not going to promise how a court will view the POA or the lease you entered with the tenant.

    It would be sensible for your uncle to pay for a consultation with a real estate lawyer who can review the documents and advise how, moving forward, you can minimize potential complications, and confirm that your lease is proper.

    You should review your court's website for information about eviction. (Here's the information provided by Escambia County).

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