If I’m my father’s power of attorney, do I have the right to evict my brother from my father’s house since my father now he stays with me and wants to sell his home?

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If I’m my father’s power of attorney, do I have the right to evict my brother from my father’s house since my father now he stays with me and wants to sell his home?

He says that I don’t have the to right to evict because I am not the landlord.

Asked on July 26, 2017 under Real Estate Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If your father does not oppose you evicting your brother and if the POA gives you authority over your father's home or real estate (which is common, but since a POA doesn't have to give you this authority, you should check to make sure it does), then you can remove him:
1) If he is not a rent-paying tenant he is a guest, and can be asked to leave at any time; if he doesn't leave when asked, you (as attorney-in-fact or agent; those are the terms for the person given power by a POA) can bring an action "for ejectment" in the courts to remove him.
2) If he is a rent-paying tenant with a written lease for a definite term (e.g. a one-year lease), he can only be removed during the term of the lease if he fails to pay rent, violates the lease in some other way, or damages the home. He could also be removed when the lease expires. If he is on an oral lease or a written month-to-month lease, you can give him a month's notice terminating his tenancy. If he is a tenant, if you have, as discussed in this paragraph, grounds to evict him but he won't go, you could then bring an eviction action to remove him.
Whether a guest or tenant, you will need to hire an attorney to bring the legal action for you: a power of attorney does not actually make you an attorney or let you represent your father (the homeowner) in court.
With a POA, you can make decisions for your father, which is why you can remove your brother as discussed above. But you cannot overrule the person who gave you the power, so if your father wants your brother to stay, you cannot evict or remove him against your father's wishes.


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