Rights of Person Holding Durable Power of Attorney

Can a landlord evict a tenant from the residence of their fiancé? He's incarcerated and he named me durable power of attorney.


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July 31, 20190 found this helpful

Is he on the lease? If he is, in most states it has to be done through the court. If he is not on the lease, he may be asked to leave.

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July 31, 20190 found this helpful

States have different laws governing tenant's rights so you should ask an attorney about this problem.
There could be something in the rental contract that states only the person on the lease can stay in the apartment so you may have a problem since your name is on the lease.
A durable POA may give you some rights but you may still have to fight it.
Generally, a landlord does not enforce terms in a contract like this unless there are problems and they want that person out.
Of course, paying on time and abiding by the rest of the terms of the contract would have to be met.
Being a fiance gives you no express rights so this would depend solely on the POA, the rental contract, and the landlord.


If you cannot afford an attorney you should check with your local family services or Legal Air Society for help.

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August 1, 20190 found this helpful

Sorry - I meant to say 'you may have a problem since your name is NOT on the lease'.

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August 1, 20190 found this helpful

Every state is different in laws that dictate what person who holds a power of attorney can and cannot do. In most cases it is just related to making decisions (like if the person is in the hospital and there is medical POA--approving a surgery) or paying the person's bills out of their checking account with your signature as their POA. In most cases POA is for a person who is mentally incapacitated by illness or accident. Incarceration is a different situation and each state has different rules.


Then there are tenant laws in each state and what can and cannot happen to tenants and regarding leases.

There are just too many variables in your question that no one who is not a lawyer in your state can answer correctly.

To protect yourself and not lead you down a wrong path, I strongly suggest that you talk to the lawyer who set up the POA and see what your rights are for your situation. Hopefully that lawyer will also know lease laws (or have someone he/she knows who does).

If that lawyer is no longer available, contact your local state government representative and ask for help finding a LEGITIMATE legal aid service. I found mine by putting my city name in Google and the phrase state representative. His office was close by, his staff was very helpful, and their services were free (paid already by tax dollars). They can point you to legitimate legal aide services if you need to find a new lawyer.


Post back with an update. Sending prayers and blessings.

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