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  1. #11
    Join Date
    Nov 2009
    Posts
    873

    Default Re: What Constitutes Official Notice That Someone Actually Has Power of Attorney

    So essentially Iím caught between the elderly LLC owner and her family. They just delivered termination notices to my neighbor and me, supposedly with her signature. I decided to ignore the phony ďno contactĒ instructions and visit the elderly LLC owner. She had no knowledge of any of the familyís plans, no recollection of signing terminations and stated to me that she wants to retain existing tenants with no major changes. However I donít expect she will press anything due to memory issues and strong control tactics from family. She did remember signing the POA.

    It looks like Iíve incorrectly paid rent for over 10 years to an individual instead of the LLC, and question the validity of the notice just received, so will likely need to seek out an attorney.

  2. #12
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: What Constitutes Official Notice That Someone Actually Has Power of Attorney

    Quote Quoting flyingron
    View Post
    I disagree with LL. It very much makes a difference. The member of the LLC is not the property owner. Searcher99 cares squat about the owner's tax issues. The issue is that he is renting from the owner of the property (the LLC), not a member or employee. No way I'd pay anybody but the owner.
    Further, now that we are talking about an LLC, there's no way that a non-licensed attorney is acting as POA for the LLC.
    A landlord does not need to be the title owner of the property. The role of landlord may be delegated to a property management company, or there can be a master tenant who subleases units. Rent should be paid as described in the lease.

  3. #13
    Join Date
    Sep 2010
    Posts
    19,841

    Default Re: What Constitutes Official Notice That Someone Actually Has Power of Attorney

    Which is more than someone coming up to me and saying "you should give me the rent." I'd want them named in the lease or something from the property owner (or the trustee in this instance).

  4. #14
    Join Date
    Nov 2009
    Posts
    873

    Default Re: What Constitutes Official Notice That Someone Actually Has Power of Attorney

    Thank you to everyone who has responded.

    Here is a follow-up question: After speaking with my landlord (the person named on the lease) I strongly doubt she signed the notice I received but instead it was signed for her by family members with POA. They are NOT signing their own name with words such as ‘Acting as POA’ or equivalent language. Is that a common practice to simply sign the principal’s name?

  5. #15
    Join Date
    Sep 2010
    Posts
    19,841

    Default Re: What Constitutes Official Notice That Someone Actually Has Power of Attorney

    No, it is inappropriate. It's usually signed in a manner such as "Jane Doe by John Roe her attorney in fact" or the like.

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