Made a landlord w/o my knowledge

[Nemo7597]

Made a landlord w/o my knowledge...HELP!!!

(New York, Rochester Metro area) I am listed on a deed with an elderly relative as a joint tenant with right of survivorship. I recently returned from vacation to find that my relative's power of attorney entered into a lease with someone to rent the property, for $300 a month, security deposit was to paint the interior of the house which didnt need painting**************. (Real Estate agency in area has rental FMV at $1000.00 a month). POA is also a relative and is doing this to try to force me into a sale or signing over the house....(have mailed me letters stating that I must sign over house or sell, or else....) Needless to say...POA is listed in older relatives will...if house is left to me hence no inheritance.....I have consulted 3 different attorney's all have given me 3 different avenues....all saying the previous attorney didnt know what they were talking about....(latest one also freelances as our ADA.....). I have done some research myself and decided that it may be best to do this as a 10 day notice to quit implying the person is a squatter as I am not listed on the lease etc... Tenant and POA have refused me access to the property. POA left me a note telling me I had 7 days to "remove my personal belongings or they would be thrown out"....since I was on vacation, I never received this and the POA did indeed remove and dispose of all my personal property that I was storing, in the house I owned. The local law librarian said she knows nothing about a 10 day notice to quit..and I am having trouble locating the form and proceedures necessary to do it myself. The court doesn't even know if they can hear a case w/ a 10 day "squatter" notice..asked me what it was...haha....the attorneys all want me to treat this as a landlord tenant relationship...but i think it would be worse if i recognized this person as a legal tenant....am i right or wrong? help!! please

 

[BL]

(New York, Rochester Metro area) I am listed on a deed with an elderly relative as a joint tenant with right of survivorship. I recently returned from vacation to find that my relative's power of attorney entered into a lease with someone to rent the property, for $300 a month, security deposit was to paint the interior of the house which didnt need painting**************. (Real Estate agency in area has rental FMV at $1000.00 a month). POA is also a relative and is doing this to try to force me into a sale or signing over the house....(have mailed me letters stating that I must sign over house or sell, or else....) Needless to say...POA is listed in older relatives will...if house is left to me hence no inheritance.....I have consulted 3 different attorney's all have given me 3 different avenues....all saying the previous attorney didnt know what they were talking about....(latest one also freelances as our ADA.....). I have done some research myself and decided that it may be best to do this as a 10 day notice to quit implying the person is a squatter as I am not listed on the lease etc... Tenant and POA have refused me access to the property. POA left me a note telling me I had 7 days to "remove my personal belongings or they would be thrown out"....since I was on vacation, I never received this and the POA did indeed remove and dispose of all my personal property that I was storing, in the house I owned. The local law librarian said she knows nothing about a 10 day notice to quit..and I am having trouble locating the form and proceedures necessary to do it myself. The court doesn't even know if they can hear a case w/ a 10 day "squatter" notice..asked me what it was...haha....the attorneys all want me to treat this as a landlord tenant relationship...but i think it would be worse if i recognized this person as a legal tenant....am i right or wrong? help!! please

Seems kinda odd to me if you are Joint owner , that the POA has priority over you as so far as the issue of the ownership , sale , or rental of the property .

The only thing the POA would have , is a right to handle affairs of the joint owner .

Meaning the POA can't dictate that , you have no legal standing on the property .

I know there is a couple of columns in the D&C that deals real estate and LL/tenant law . One is through the housing council , another one by a real estate agent . Dear Edith , I believe .

Perhaps you could get put on the right track from one of those . You may be able to get some form information from the clerks at probate office at the hall of Justice , otherwise , you need a real estate Attorney that knows what He/She is doing .

Since the co owner allowed a tenant , it would seem a tenancy is in place , and the Lawyer/agencies could advise you on that as well .

Also , I believe you could sue this POA for taking it upon their selves to dispose of your personal belongings .

Good Luck .

 

[lwpat]

As a joint tenant the other owner cannot keep you out of the property or enter into a lease agreement without your permission. File an eviction proceeding against the current resident and a conversion action against the POA for the value of the personal property removed. You may want to file a police report to back up your story. You are also due your share of the rent.

Reading between the lines the POA wants the house sold so you do not get it all. Have you checked the court house to see if the POA has been filed and what type of authority has been given to this person? To be legal it has to be filed.