Q: Is it legal for my landlords friend to give me an eviction notice without cause?
I’m a live in care giver and my landlord is in hospital for health issues and his ex sister in-law gave me a 30 without cause eviction notice. Acting as his legal guardian that she is still trying to obtain guardianship and I’ve spoken with my landlord and he doesn’t want me to leave. I thinks she’s trying to convince DHS he is unfit to make good rational decisions but no legal action has taken place for that or guardianship. Is she completely out of line and has no right to act as his legal guardian and give me an eviction notice on his behalf that he doesn’t agree with? I also don’t have any form of rental agreement or anything signed with my landlord, it’s more on the good ol boy system where your word is just as good. Obviously not when a situation like this arises. ****UPDATE***Thank you Greg, I got served a restraining order for landlord and his friend so now I can’t discuss anything with him. Past situations have him scared as his brother/her boyfriend is out of prison as of 2-6
A:
Anyone can act on behalf of a landlord, including issuing termination of tenancy notices, without needing to have a formal guardianship or conservatorship or even a Power of Attorney. They can only do so, however, with the landlord's permission or direction
So if this person has no appointed legal power to act on behalf of the landlord, and the landlord won't back them up, nothing they do in his name should be enforceable. To protect yourself though, get the landlord to put your right to continue living there in a signed writing.
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