My father is an 80 year old man with health problems which requires him to move back to New Jersey a.s.p. the tenet has stated the only way she's leaving is by court order with no regard for my fathers health, I'm not quite sure how long this will take and if he can handle the stress. Please help in anyway possible , Thank You.
I am a Wisconsin Attorney, so the answer will be general and not specific to your specific question. First, I will assume that your father wants to return to a house he owns and has either rented or leased to someone else. Second, that you have "Power of Attorney" for your father in this matter.
Typically, if there is a lease, your ability to force the tenant to move will be limited to what is in the lease agreement. If the tenant is making the required lease payments and meeting the other requirements of the lease, you may have to wait until the lease nears its end and then notify her you do not want to renew it. Get a copy of the lease form your father or the tenant and read it, or have an attorney read it.
If this is a month to month rental, then the state statutes or rental code where the house is located will likely have a procedure to follow to terminate her tenancy. In either case, if the tenant's right to occupy the house is legally ended and she still refuses to leave, you will probably be able to go to some type of small claims court to get an eviction order.
Elder Law Attorney
Assuming your father was responsible for managing the Property, one of the alternatives you should consider is the retention of a property manager. This service is available through most residential real estate brokers and the manager would be responsible for collecting the rent, responding to any complaints by the tenant, etc. Some managers will even pursue the eviction for the Landlord. Obviously, there is a fee for this service but it may be worth it to alleviate the stress from your father and provide a buffer between him and a difficult tenant.
Lee A. Drizin, Esq.
Estate Planning Attorney
We practice in Florida. Go see an Elder Law attorney in your area. That attorney can review the Lease or No-Lease issues. Based on the facts your father can himself or can direct his attorney in fact, presumably you, in his power of attorney to handle the matter. The attorney can evict the person without your father or your presence in court. Our firm just had to do this very thing from a renter that had not paid rent in the last 2 yrs and was taking advantage of an eighty year old gentleman. The court looks very dimly on people taking advantage of the elderly. There are even elder abuse statues to protect our seniors. Again, see an elder law attorney since this subject can be complex and other issues are created that you might require further information. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thank you!
My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.
Dan W. Armstrong, Attorney
Law Offices of Dan W. Armstrong, P.A.
822 A1A North, Suite 303
Ponte Vedra Beach, FL 32082
(O) 904.280.0058, (F) 904.280.0109
Elder Law Attorney
You do not state whether or not there is a written lease. If there is one then the terms of the lease would generally control the process of eviction. If not, then under Florida law the amount of written notice to the tenant required before beginning the eviction process will depend on how frequently the rent is paid. While this process is handled in County Court and you are not required to have an attorney represent you, I strongly recommend that you consult with a Florida attorney who is familiar with landlord-tenant law for assistance as soon as possible. You may also want to speak to an elder law attorney to determine if the tenant's behavior meets the requirements for a charge of elder abuse or elder exploitation. If your father lives in Palm Beach County you can contact the Palm Beach County Bar Association or the South Palm Beach County Bar Association for a referral to a qualified attorney.
THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.