How to evict a tenant if the landlord is incapacitated?

UPDATED: Jan 11, 2013

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How to evict a tenant if the landlord is incapacitated?

My father is in the hospital, he’s dying and unable to speak. He owns 2 small parcels. He’s allowed a family member to stay on 1 of the a parcels in an RV for the past 6 months; they are running a power cord to his place for electricity. The property is dangerous as it contains many vehicles and scrap metal. Think junkyard. My brothers and I do not want to be liable for any injuries to this family’s 6 children and we also don’t want to pay for the power for their family. How can we get them to leave? A friend of his told me there was only a verbal agreement in place with the father of the family. What can we do to protect ourselves and get them off the property?

Asked on January 11, 2013 under Real Estate Law, Oregon


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

Answered 10 years ago | Contributor

I am so sorry for your situation.  Is one of you a Power of Attorney for your father?  If the answer is yes then you have the ability to take action and evict the tenants and even cut off the power from the house.  If you are not then you are going to have to make an application to the court asap to be his guardian and conservator while he is alive given his incapacity.  Once he passes one of you needs to be appointed as the Personal Representative of his estate to act.  There is an agreement here between your Father and the gentleman - valid even if verbal - and it has to be dealt with legally. Good luck.

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