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  1. #1
    Join Date
    Jun 2009
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    1

    Default Durable Power of Attorney Eviction

    My question involves an eviction in the state of: pasco co FL
    My father is currently in jail for VOP for 45 days (10 days served). I, his son, have a Florida general durable power of attorney. The house is in my father's name only.
    A woman is living in his home under no formal lease agreement, no rent is being paid. It was a week to week agreement until she found a treatment program for alcohol addiction.
    Yesterday, I attempted to get into the home and she blocked entry. I called the police. They said that I do not have a right to just show up
    I have a POA, don't I have a right to live there if wanted to?
    I served her with the initial, 7 day eviction notice while the police were there. It was for failure to comply with terms (has a history of stealing and pawning property, starting a fire - since my fathers incarceration, left the home unsecured, damaged locks and disrupted property in the home).
    How can I expedite this process as she is a danger to the property?what rights do I have to go into the home under the POA? Can I disconnect the cable and phone (under my father's name)?

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

    Default Re: Durable Power of Attorney Eviction

    Your power of attorney doesn't give you the right to move into his home or evict somebody who may well qualify as a tenant under Florida law, even if she doesn't pay rent. If your father wants somebody to represent him in court in an eviction action, he should expect that he'll need to hire an actual attorney; although you may suffice as a witness if dad's still in jail (his attorney can figure that out).

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