Legal Question in Real Estate Law in Indiana

Power of Attorney

I was appointed Power of Attorney for my father in laws real estate rentals, I leased a piece of property for three years with the option for the tenant to purchase with 3 witness and him present, now one and a half years later he is trying to get out of the contract.The person who leased it paid 3 years rent in advance. He recieved eviction papers last week. What is his legal rights.


Asked on 1/26/02, 2:05 am

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: Power of Attorney

I am not sure who is being evicted: your father or the tenant he (through your agency) rented to. If there was a 3 year lease with all the rent paid in advance, I fail to see why the landlord would seek to evict the tenant. If the tenant were seeking to vacate the premises early and receive a refund of his money, then he would have to prove there was a constructive eviction.

The tenant would not have the right to simply change his mind, leave and seek recovery of unused rents unless he proved the property was not suitable for the purpose for which it was intended (that is the constructive eviction).

Since you have the power of attorney, you can act for your father-in-law in responding to the litigation.

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Answered on 1/26/02, 9:53 am


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