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    How to evict freeloader relative

    Jurisdiction / State: New Hampshire

    I have Power of Attorney for my 94-year old mother's home. My mother recently entered a Nursing Home. She owns her own house in NH. 10 months ago my mother was pressured to allow my niece and her 2 kids to stay temporarily. My niece neither paid rent nor for any services in the house. My mother complained to me often. there is no contract.

    My mother became seriously ill early 2010. She was in hospital for 4 months. During that time my niece took over the house - which was filthy, full of garbage and debris.

    I have a younger sister who works overseas. For the past 20 years she lives with my mother every summer. She has her own room and her furniture/clothing is in the house. She has a legal address there as well. This summer she cared for Mom who is under hospice care. She also paid the bills. My niece went 'on vacation'.

    We sent our niece a letter telling her she had 30 days to leave the premises because we need to sell it. She has since hired a lawyer who has threatened us and said we cannot enter the house. He claims we are aware that our niece 'is (a tenant) caring for the house in lieu of rent.' My sister's recent bank statements are missing and some of her property has been misused/taken from the house. There was never any agreement regarding the house and my Mom no longer needs it. Also, does my sister have a right to enter the house? Can she authorize me to enter? She has expensive things in the house and our niece is vicious. How do we get the niece out?
    Last edited by hayhil; 08-31-2010 at 05:38 PM. Reason: Clarity

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    Yes, you can enter the house with your mother's authorization. Your niece only has a reasonable expectation of privacy in her bedroom area, so I suggest you not go in there. Common area within the house are fine.

    That said, to avoid problems, you might want to stay out and simply go through the eviction process. You already gave written notice, so you are good to go for the court papers now.

    If there are valuables in the house that you are worried the niece might take off with, then you might want to get into the house, the common areas and your mother's bedroom, and inventory/photograph what is there, and take possession of any small items such as jewelry that are valuable and belong to your mother.

    You have some leeway here... the niece is not entitled to the whole house, and absent a restraining order compelling you to stay away you can certainly go there. Just leave her personal property alone and stay out of her own private space (her bedroom).

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    Your freeloader is legally a tenant, as in she has the same rights as a tenant. You, having power of attorney, are basically like the landlord, meaning you can enter the home WITH proper notice (24 hours). Obviously she is going to need to be evicted through the courts, because, I doubt she will move out by the end of the 30 day notice. It would be best to start that process as soon as possible. Your local clerk of courts can point you to the right paperwork. You also could send her a 30-day notice informing her that rent will be X dollars per month. This would give you a reason to evict her, should she not pay. Not that you need one, with month to month tenancy, you don't need a reason, just to give 30 days notice. Then when they don't leave, you file for eviction through the courts

    Another option is, you can sell the property with her in there, if you can find a willing buyer.

    Most important advice for you is to send any correspondence via certified mail with return receipt, or some other registered mail/delivery that gives you proof of delivery and receipt.

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    Quote Originally Posted by mightymoose View Post
    Yes, you can enter the house with your mother's authorization. Your niece only has a reasonable expectation of privacy in her bedroom area, so I suggest you not go in there. Common area within the house are fine.

    That said, to avoid problems, you might want to stay out and simply go through the eviction process. You already gave written notice, so you are good to go for the court papers now.

    If there are valuables in the house that you are worried the niece might take off with, then you might want to get into the house, the common areas and your mother's bedroom, and inventory/photograph what is there, and take possession of any small items such as jewelry that are valuable and belong to your mother.

    You have some leeway here... the niece is not entitled to the whole house, and absent a restraining order compelling you to stay away you can certainly go there. Just leave her personal property alone and stay out of her own private space (her bedroom).
    Guess I didn't look at it that way as far as the entry thing, but you are correct.

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    Entry to property with Power of Attorney

    My niece's lawyer has threatened me and said they will bring legal charges if I enter the property. I have PofAttorney. My Mom has been classified with 'moderate' dementia. We need to sell the house. Can I enter with my Real Estate agent given 24-hour notice?

    Also, we have an email from my niece saying she can't afford to pay more than $600 rent (which is ridiculous for a 3 bedroom outside Boston) and would have to leave the house if we don't agree. We then sent her 30-day notice on the premise we are selling the house. She is paying nothing now - is it better to leave it like that? Wait 30-days and then get an eviction notice? Do we need to deal with her lawyer? Or can we ignore him?

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    How to evict freeloader relative

    Quote Originally Posted by hayhil
    My niece's lawyer has threatened me and said they will bring legal charges if I enter the property. I have PofAttorney. My Mom has been classified with 'moderate' dementia. We need to sell the house. Can I enter with my Real Estate agent given 24-hour notice?



    Also, we have an email from my niece saying she can't afford to pay more than $600 rent (which is ridiculous for a 3 bedroom outside Boston) and would have to leave the house if we don't agree. We then sent her 30-day notice on the premise we are selling the house. She is paying nothing now - is it better to leave it like that? Wait 30-days and then get an eviction notice? Do we need to deal with her lawyer? Or can we ignore him?

    If this deadbeat can't pay rent, how did this creature pay ITS lawyer?

    You can ignore the loser's "lawyer".

    Yes, you do NOT want to accept a dime from this parasite.

    You've noticed this crook, so allow the 30 days to pass.

    In the interim, carry on with the formal eviction process.

    Do not communicate with her in any manner.

    Two (or more) of you should enter the home and videotape everything you see. You should also take pictures (to back up the video). Inventory what is left, just for the record.

    Secure anything remaining that belongs to your mom and sister. You might be wise to remove (what you can) for safekeeping. Things like jewelry, silver, other valuables; if any remain, are what you're trying to protect.

    I hope mom gets better. Just hang in there, because mom is more important than an old house and some stuff!

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