Legal Question in Real Estate Law in New Jersey

landlord shares residence with tenant one family home

the lease is verbal month to month, landlord shares home with tenants. Landlord is in process of starting evition, due to non payment of rent for past four months. Landlord's power of attorney wants to remove landlords personal property from this residence, as they are slowly disappearing. does p.o.a. have to give tenants notice or get their permission to do this? Landlord is incarcerated and unable to do this himself. nj/ocean county...thank you


Asked on 8/13/00, 9:43 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: landlord shares residence with tenant one family home

A holder of a valid power of attorney has all of the rights of the grantor of the power, unless the power is limited to specific matters. If it is a broad power with no limitations, what you propose should be allowable. Since the home is shared with the tenants, and it appears there is acrimony between the landlord and the tenants (due to the pending eviction), I suggest that the holder of the power be accompanied by a policeman when he/she goes to the house to remove the personal property, so no incidents occur or claims made that tenant property was taken.

Walter

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Answered on 9/20/00, 11:01 am


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