Can I evict my uncle under the grounds that it is causing a financial hardship to my father.

I live in New Jersey, the P.O.A. for my father who is 83, has dementia and living with me since Jan 2012. My sister is the P.O.A. for my uncle who is 83, hearing impaired and handicap. My father and uncle shared a 2 bedroom apartment in my father’s home before Jan 2012. My sister insist my uncle live in the home but has not paid his rent which my father needs to pay for his medical care not covered under insurance. My uncle has income that is approximately $3800.00 per month which includes, social security, workmans comp and pension. My uncle has no debt and has medical insurance.

Asked on March 16, 2012 under Real Estate Law, New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you have a power of attorney with respect to your father and your father owns the unit where he lives with his presumed brother (your uncle), you need to carefully read the "poa" to determine what authority you have under it. If it allows you authority to charge rent for the unit, I would start sending a bill to your sister who has a "poa" for the uncle as well as the uncle.

If the uncle fails to pay the rent demanded (it seems there is an implied rental agreement with him from what you have written), you can then start the eviction process. before you do so, I suggest that you sit down with your sister and the uncle to try and resolve the situation. I suggest that you consult with a landlord tenant attorney about your situation further. You do not want to create a situation over this family matter. There should be some grounds for a compromise.


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