Who has the right to evict a tenant?

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Who has the right to evict a tenant?

My sister and her boyfriend lived in his house with their child prior to him going to prison. After he found out how long he would be away for he asked me to move in with her to help her out. Now, about a month later, his mom came over and she has power of attorney and we have to move out by the end of day so she can move in. Is this legal?

Asked on March 30, 2012 under Real Estate Law, Minnesota

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If she has Power of Attorney on his behalf she steps in to his shoes for any and all proceedings under the law.  What you need to determine here is your status as well as your sister's status under the law. And even the child's, which is the legal beneficary here under the law.  I would take the position that at the very least you are month to month tenants and that under the law you should be given at least 30 days notice to move.  But I really think that there may be more here given his child resides in the house. Has anyone contacted him here and told him what is going on?  He can revoke the POA at any time. Get legal help.  Good luck.


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