Legal Question in Landlord & Tenant Law in Louisiana

Constructive Eviction and Eviction Procedures
A woman flees her Manufactured home, located on son's property, because he plans to commit her and take possession of her assets. Through a 3rd party he agrees to purchase home. He takes title and keys without permission saying they are needed for the bank to get the loan. Without notification of refusal to purchase or returning her keys and title, he serves her notice to pay back rent or remove home from his property within 30 days. This is done through a person he has given Power of Attorney to for this purpose. If she does neither he will consider her home abandoned and will take immediate possession.
1. Is it constructive eviction if she feared for her well-being and assets...and she can proved what he was planning?
2. If there was a verbal agreement through a third party for him to buy, and he never asked for rent, can he demand back rent now?
3. Can a person with Power of Attorney represent himself as he has in this matter?
4. Can this be considered a bogus claim of abandonment since the son knows/knew that she has been trying to sell her home before his agreement and since their agreement?
Thank you so very much.
With all due respect.
Nancy

Asked on 3/23/05, 6:14 am

David Slater David P. Slater, Esq.

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0 attorneys agreed

Re: Constructive Eviction and Eviction Procedures

1. no

2. no

3. Depends on wording of POA, but generally yes.

4. yes

Answered on 3/23/05, 8:53 am

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