Legal Question in Landlord & Tenant Law in North Carolina
who do I sue for back rent and damages, The renter or his brother who has power of attorney over him?
Asked on 2/22/13, 8:43 am
1 Answer from Attorneys
You sue the renter/tenant by filing a complaint for money owed. If the brother actually had a guardianship, then you would serve the complaint on the brother guardian. If the brother only has a poa, depending on how its drafted, he could go hire an attorney on the renter's behalf, but he could not represent the renter (unless he is also an attorney). A poa does not allow an agent to engage in the unauthorized practice of law.
Answered on 2/22/13, 12:15 pm