If an eviction is filed by a POA, does either the landlord or their POA need to appear in court if the tenant has already moved out?
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If an eviction is filed by a POA, does either the landlord or their POA need to appear in court if the tenant has already moved out?
I filed an eviction for my mom in her name. I have a Power of Attoreny for her. The tenant has already moved out, which was the goal. Do my mother and I both need to appear in court, and do either of us really need to go at all?
Asked on November 1, 2010 under Real Estate Law, Oklahoma
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
You can go on your Mother's behalf if you are her Power of Attorney. And I would suggest that you do. Even though the tenant has moved out already, the formal notice of eviction gives you the absolute right to enter the apartment and to do as you need with regard to re- renting, etc. I would not do anything unless and until you have that formal order. Then you can change the locks, empty out the apartment, etc., all within the rights that you are permitted under the law (follow the correct procedures in your area once you receive the eviction order). This way the tenant can not claim that you did anything to their stuff, etc. Good luck.
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