Can my Aunt kick me out of my Dads house?
My Father asked me and my daughter to come live in his house in Texas. We lived in California. He is in Prison. He said there is no rent. My Aunt has power of attorney. She got mad at me and said she was evicting me.. I am in California on vacation when she says this.. (I am currently in route driving back...) She said if we do not pay her $2,500, we are not getting in because she changed the locks! she said she was going to adopt out our animals, sell our belongings, and let Rent-A-Center come pick up our TV and couches by letting them in my house? What are my rights??
- Anonymous1 month ago
no, why do you ask?
- Coffee DrinkerLv 71 month ago
POA gives her legal authority to act on behalf of your father. She still must obey the law, honor his wishes, and act in his best interest.
Giving a POA does NOT mean you father cannot make his own decisions or manage his own affairs, it just gives another person to also make legal actions such as signing documents.
So one simple answer here is to get a lease and have your Dad sign it with you and your daughter listed as tenants. You can set the rent at $1/ month and give your Dad $12 to prepay for the year so that there is no way for the aunt to dispute it on the basis of not paying.
Mortgage, insurance and taxes still need to be paid on the house so unless your Dad has funds to pay all of that it may be a case where he's going to lose the house if you (or another tenant) doesn't pay enough rent to cover those expenses. so its possible that your Aunt is trying to kick you out so she can get a paying tenant in there to cover these expenses.
If you have established residency at the home then she cannot legally lock you out - this is called constructive eviction and its illegal in every state. However this only applies if you have "established residency" by doing things such as paying rent, getting mail at the house, or updating official documents such as your driver's license to the home address. If you haven't paid rent or changed your address then you might be considered a house guest and there is no law against kicking you out on short notice and changing the locks to prevent you from entering - although as mentioned earlier a lease agreement with your Father would end that question once and for all.
Your possessions including your pets are yours, and your personal belongings are yours, and even if she kicks you out she cannot sell them or take them. Let her know that if she touches your things you'll file a police report for theft and sue her for the replacement cost (and the emotional damage from taking your pets).
Also, as far as Rent-a-Center is concerned, they are only going to come take your the items if you are behind on your payments and in violation of your contract with them. So your Aunt isn't violating any rules or laws by letting them into the home so they can take items they have the legal right to repossess. I would forget about that part and focus on the other aspects of this situation for now.
- bluebellbkkLv 71 month ago
There are so many essential points that you haven't mentioned, such as your age, your daughter's age, the whereabouts and general situation of your daughter's father.
You should speak to a lawyer right away. I mean, NOW.
- Ron AkiaLv 71 month ago
As your Dad has given her Power of Attorney, she has the full legal power to act on his behalf. I would recommend you find out whether this is revocable or irrevocable. I would believe your Dad would be able to revoke that power. At any rate, she must follow all state eviction laws in the process and it sounds as if she is not doing this. Once you get back home check with an attorney if necessary although there may be some sort of free legal aid available.
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- garryLv 61 month ago
yes she can , thats what happens till your 16 and leave , shes the boss till your dad does he's time ..thinks your acting a bit , arent you , where did you get the internet from !!!!
- JudyLv 71 month ago
What do you have WRITING from your dad?
- curtisports2Lv 71 month ago
She must give you the required notice period in Texas that terms of your tenancy are changing. She can evict you legally but until the case has been decided in court, she cannot legally do what she is threatening to do. The law can punish her heavily if she does things in an illegal way. You need to get a lawyer ASAP.
But if she DOES do things in a legal way, she has power of attorney and she can legally end your tenancy if you do not agree to pay the rent she is demanding. What your father said carries NO legal weight - he gave her that power.
- Elaine MLv 71 month ago
If she has power of attorney then she has control over decisions.
However your property at the house is yours, including pets, and she cannot remove it without giving you adequate time to come get them. Taking your pets will open her to theft charges and you can take her to court over that.
- 1 month ago
This is a tip of the iceberg scenario. She must have other reasons. You'd better clean up your act before you end up in prison like your old man.
- TavyLv 71 month ago
You need a Lawyer. Your father has signed a POA giving her the right to look after his financial affairs. You also need to talk to him.