Request Imediate Advice

[Zachary]

What is the name of your state? Hawaii
Could use some immediate adivce on unfolding situation.
My daughter who is an officer in the Navy just returned from deployment to find that her room mate in Honolulu claims he used her POA (that went out of effect 2/1/03) to add his name to her lease on her apartment and called the police to throw she and her friends out upon her return.
The police informed her that if she and he are both on the lease, she had a right to stay, but it might be better to leave to avoid a confrontation and so she left.
At this point, all her belongings remain in the apartment and she does not know if he really had his name put on lease.
Since it is Sunday, and she is concerned as to what may happen, I would like to know if anyone answer these questions.

1.) If she can reach the landlord today and finds that he did in fact use the POA to put his name on the lease - can she have it removed immediatley since she originally initiated the lease under her name only?

2.) If in fact he did not have his name put on the lease, (or can get it removed by the landlord)what can she do to get him out of the apartment as soon as possible?

Any prompt advice would be greatly appreciated.

Thank you.

 

[JETX]

"If she can reach the landlord today and finds that he did in fact use the POA to put his name on the lease - can she have it removed immediatley since she originally initiated the lease under her name only?"
*** This will depend entirely on her landlord. If he/she agrees with your daughter that the 'friend' improperly used the POA, the landlord could certainly rescind the lease (and face possible legal challenge from POA), or could decide to just let this be and have the 'co-tenants' resolve it. Regretably, the latter is the most likely since it will have the least repercussions on the landlord.

"If in fact he did not have his name put on the lease, (or can get it removed by the landlord)what can she do to get him out of the apartment as soon as possible?"
*** This is going to be the problem. If he is removed from the lease, he has no legal tenancy. However, his having been there.... even improperly could give him some rights. Courts are somewhat reluctant to just 'kick someone out' and she may have to go through full eviction proceedings. And since the POA expired so recently, he could claim that his use of it was a 'mistake' (and forego any fraud charges).

Simply, this is not going to be simple.... or immediate. The speed of this is going to be largely contingent on the landlords position....

 

[zappy]

I would Immediatly STATION a look out at the apartment to make sure this scumbag of a roomate just doesnt move any of her things out to the street or into a truck or U-Hual and STEAL them!

 

[Zachary]

Thank you for the quick responses.

Since she is coming back to the mainland in the next few weeks, she simly wants to have some time in her own apartment and to make sure her belongings are safe until the Navy comes in to move her mid Feb.

I was hopeful that if in fact he was not on the lease, the police would be more inclined to suggest he go away instead of her and to not have to go through the time, cost and hassle of formal eviction proceedings.

IF - and I know it's a big IF - the landlord is agreeable, is there a simple process to get him out for a week or two until she can get moved?

Thanks again.

 

[JETX]

First and foremost, ignore Crappy. He is a forum troll who, with every post, convinces us of his ignorance.

Back to your question:
"is there a simple process to get him out for a week or two until she can get moved?"
*** Possibly. If the landlord will agree that he has no tenancy status, you might be able to convince the police that he is trespassing on the property. If so, then they would make sure he leave NOW. And if he were to return, then he would be subject to arrest. This could likely be made even more successful, if you were to get an affidavit from your daughter (have her talk with her ships JAG officer) stating that the 'interloper' is there without her permission and that he is trespassing. Include that she is concerned about the security and care of the contents of her 'home' and that she wants him out. Have it FAX'd to you with a statement of military status and scheduled return date. I think if you were to show all that to the police and landlord, it could go a long way to resolving this issue.

 

[zappy]

--Since she is coming back to the mainland in the next few weeks, she simly wants to have some time in her own apartment and to make sure her belongings are safe until the Navy comes in to move her mid Feb.

=================

Looks like he has some time to steal some of her stuff, and make a few dollars off of it. I hope she has an inventory, or at least YOU can get into the apartment and take anything valuable out of it.

 

[Zachary]

JETX - Thank you very much, and yes, I have asked my daughter to contact JAG first thing Monday morning to avail herself of those services. In the meantime, I am forwarding this advice to her.
Thanks again.