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

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

I am 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 apt in my father’s home before Jan 2012. My sister insists my uncle live in the home, but has not paid my uncle’s rent that my father needs for medical expenses not covered by his insurance. My uncle has income that is approximately $3800.00 per month to include, SSI, workmans comp and pension. He has medical coverage and no debt.

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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the power of attorney that you have for your father allows you to charge rent for the unit that your uncle is living in, I suggest that you have a meeting with your uncle and sister who holds a power of attorney over him to reach some agreeable monthly rental for the unit. It does no seem fair for him to reside in it rent free. However, he is your uncle and has apparent health issues.

Technically you could evict your uncle from the home if he does not own it and is not paying rent. However, he is family and is 83 years of age. I suggest that there must be some room for compromise to allow your uncle to remain in the unit and get some rent. You, your sister and uncle need to have a meeting to see what can be done to resolve the situation. I suggest that you consult with a landlord tenant attorney to assist all with a workable solution to the predicament you are writing about.


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