Legal Question in Civil Litigation in Florida

Unjust Enrichment.

Landlord had leased the apartment to a Tenant for 2 years. The rent payments were made by a Trustee of the Tenant's father. After Tenant moved out , the Trustee mistakenly continued to make rent payments for 3 more years. Now the Trustee is suing the Landlord for the restitution of this amount. It's also suing me as they believe that I am the Landlord's attorney-in-fact because in 2003 the Landlord executed Durable general power of Attroney to me for the purpose of real estate transactions. This power of attorney expired 6 years ago, even before this Tenant moved in. The Landlord is out of country and might have not noticed the overpayment. I own an apartment in same building and was his emergency contact person. I did not know about overpayment of the rent. The property is located in NY, I live in FL, the summons is filed in NY . What should I do?


Asked on 6/01/10, 10:01 am

1 Answer from Attorneys
Scott Behren Behren Law Firm

The Court in New York may not have any jurisdiction over you and you may need to hire a New York or Florida lawyer to take a look at the complaint and summons.

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Answered on 6/01/10, 8:36 pm


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