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- 06-23-2009 01:24 PM #1
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Durable power of attorney eviction 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)?
- 07-16-2009 05:49 PM #2
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Bummer of a situation, but...
1) Has she ever paid any bills? Can you prove reasonably that she has lived there as a tenant, because right now, she would be considered a squatter and not someone you can formally evict.
2) Yes, you can turn off the utilities. Not sure if this is going to aggravate her and result in further damage to the property.
3) If she is considered a squatter, it seems to me you would have the right to enter the property... if she can be considered a tenant, you would need to post a note on the door giving her 48 hours in most states that you will be entering 'her' living space. If the locks are still changed, you are entitled to call a locksmith and enter the house.
However, it seems that no matter what you do, it is going to be the lesser of two evils with a woman as out of it as you say she is... I would absolutely consult a real estate attorney that is local to you and will be familiar of the laws in your state.
You can also learn a TON by going to the HUD.gov site search for landlord/tenant laws in your state.Stirling Gardner (aka The Hollywood Landlord)
Legal & State Specific Free Rental Agreement & Sublease Agreement.
- 02-18-2010 05:35 AM #3
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hi
Hollywood Landlord... thanks for your helpful words... good and informative
Net Lawman - Business documents - agreements | Power of attorney documents



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