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How to evict a relative that is causing distress? Eviction Process

Discussion in 'Other Residential Landlord & Tenant Issues' started by VonAuk, May 18, 2020.

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  1. VonAuk

    VonAuk Law Topic Starter New Member

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    Jurisdiction:
    Vermont
    I'm a 63 year old caregiver for my elderly mother. About 7 months ago my 29 year old second cousin had no place to live so I let him live with myself and my mother because I felt bad for him. He has been sleeping in my living room on the couch which has become his room and I feel trapped in my bedroom (it's a small house).

    These past 7 months have been very stressful because of his entitled attitude. He is also controlling, wants everything done in the house his way, etc.

    He has been working for the past couple of months and I have asked him for rent money and he was shocked that I asked him. To date he has never paid me rent or contributed to any of the household expenses.

    There has been on-going arguments which add more stress to myself and my mother and we can not peacefully enjoy our home.

    Being that there was never a lease and he never paid rent how do I go about evicting him? Thanks.
     
    Last edited: May 18, 2020
  2. Zigner

    Zigner Well-Known Member

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    Is it your house? If not, then you had no business inviting him to live in the house without the approval of your mother. Do you have guardianship/conservatorship over your mother. I suspect not. Your mother should speak to an attorney, as you cannot represent your mother in legal matters.
     
  3. VonAuk

    VonAuk Law Topic Starter New Member

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    It's my mother's house and I have financial and medical POA because my Mom has alzheimer's/dementia. My Mother can not speak to an attorney due to this.

    My mother said to me yesterday that he should move out because of all the trouble he is causing. My cousin speaks very loud and my mother overhears him and gets very upset.
     
  4. Zigner

    Zigner Well-Known Member

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    Who has been paying the bills for this cousin?
     
  5. VonAuk

    VonAuk Law Topic Starter New Member

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    My 92 year old Aunt who is his grandmother who also has been living with us for 1-1/2 years and my Aunt also doesn't pay any rent or contribute to any of the household expenses even though I asked her to.
     
  6. Zigner

    Zigner Well-Known Member

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    It sounds to me like you have been failing in your fiduciary duties.
     
  7. VonAuk

    VonAuk Law Topic Starter New Member

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    How have I been failing in my fiduciary duties? I don't understand. I would like to learn how to evict my cousin because he is causing me and my mother emotional distress.
     
  8. army judge

    army judge Super Moderator

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    You can ask her anything you desire.
    You can DEMAND that she pay you rent.
    She is well within her rights to IGNORE you.

    You have no legal standing to demand or ask that anyone pay rent for staying in your mother's home.

    If you wish to acquire legal standing to speak for your mother, you'll need to obtain guardianship over her.

    Your POAs are useless, because no entity can be compelled to honor them.

    All entities are compelled to honor the guardianship, should you seek one.

    Should you believe your mother requires a guardian because she is being abused, neglected, financially exploited, or otherwise unable to attend to her affairs because she suffers from medical ailment or malady you should contact Vermont's Adult Protective Services at 1-800-564-1612.

    You can then commence the process to become her legal guardian, by filing a Petition for Involuntary Guardianship form with the probate division.

    You can learn about the process:

    Adult Guardianships | Vermont Judiciary

    Guardianship of an Adult Burlington Vermont Lawyer Attorney Law Firm

    You can also speak with an attorney to assist you, if the state is unable to help you complete the process.

    If you become her legal guardian, you can then represent her property interests, her financial interests, even her medical interests.

    Good luck.
     
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  9. Zigner

    Zigner Well-Known Member

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    Because, as POA, you have a certain responsibility to act appropriately. You have failed to do so, instead, you have allowed your mom's house to become a flop-house for these downtrodden distant relatives.
     
    Disabled Vet, justblue and army judge like this.
  10. Zigner

    Zigner Well-Known Member

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    I am of the opinion that the OP, while perhaps well intentioned, is one of the folks exploiting the mother.
     
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  11. VonAuk

    VonAuk Law Topic Starter New Member

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    Partially you are correct (my mom loves having her sister here as they play cards together, talk about old times, etc.). The problems started when I let my cousin move in. My mother is very well taken care of by me and is not aware of all the problems I have stated here.
     
  12. army judge

    army judge Super Moderator

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    Allowing your cousin to move in was overstepping your authority.

    You possess no legal authority over your mother's property.

    You have no lawful ability to invite guests to live in your mother's home.

    Inviting the cousin to live in your mother's home is an example of what @Zigner cited.

    You and your aunt are but guests in your mother's home.
     
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  13. zddoodah

    zddoodah Well-Known Member

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    The lack of a written lease is largely irrelevant. You evict him as any landlord would evict any tenant. You can't get any sort of step-by-step guide on an internet message board. I suggest you contact a local landlord-tenant attorney or google something like "how to evict a tenant in Vermont." Especially because of your status as attorney-in-fact under a POA, this is NOT a good DIY project.
     
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  14. Zigner

    Zigner Well-Known Member

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    Based on what the OP has told us, even the POA doesn't allow for the OP to bring in occupants on mom's behalf.
     
  15. zddoodah

    zddoodah Well-Known Member

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    The OP wrote, "I have financial and medical POA because my Mom has alzheimer's/dementia." I do not see any further description by the OP as to what the POA does or doesn't authorize him/her to do.
     
  16. Zigner

    Zigner Well-Known Member

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    Interestingly, I choose to interpret the statement as listing all of the powers that the OP has. In other words, if the OP had other powers, the OP would have mentioned it.
     
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  17. VonAuk

    VonAuk Law Topic Starter New Member

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    I contacted an attorney (waiting to hear back) but after doing some research I can not evict due to the COVID-19 Virus. Thanks for your respectful and thoughtful response.
     
  18. VonAuk

    VonAuk Law Topic Starter New Member

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    You are correct, I do have other powers after reading the POA. I can evict legally. Thanks again for thinking outside of the box and being fair.
     
  19. Zigner

    Zigner Well-Known Member

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    Yep - the other adviser was correct in assuming that you would leave out important information.

    EDIT: To be clear, a POA does not allow you to represent your mother in legal matters.
     
  20. VonAuk

    VonAuk Law Topic Starter New Member

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    I represented my mother at the closing of her property after it was sold. I signed all the papers and my mother was not present. Isn't that a legal matter?
     

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