Q: Can a POA evict the partner of 7 yrs someone who has been arrested
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- California
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A:
Under California law, a Power of Attorney (POA) allows an individual to act on behalf of another person (the principal) in legal and financial matters. The specific powers granted to the agent depend on the terms outlined in the POA document. Generally, if the POA includes the authority to manage real estate, the agent may have the right to evict tenants or occupants on behalf of the principal.
However, eviction is a legal process that must follow strict guidelines and procedures. The agent must provide proper notice and follow the state's eviction laws, which include filing an unlawful detainer lawsuit if necessary. The relationship status, such as being a partner for seven years, can complicate the matter, especially if there are implied or verbal agreements regarding residency.
If the individual facing eviction has been arrested, this does not automatically affect their right to due process in an eviction proceeding. It's important to consult with a legal professional to understand the specific rights and obligations in this situation, ensuring that all legal steps are properly followed to avoid potential legal repercussions.
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