what does a power of attorney do in landlord tenant cases

For example, a landlord may live in New York but own a rental property in California and use a power of attorney instrument so that a friend or relative can sign leases, appear before inspectors or insurers, and act on behalf of the owner. Power of Attorney A power of attorney instrument comes in many forms.

Full Answer

What does a landlord tenant attorney do?

A landlord tenant attorney is an attorney who specializes in dealing with legal issues related to the rights and obligations of landlords and tenants. Because these attorneys are familiar with the various federal and state laws surrounding property management, landlords or tenants would be wise to call on them for help in case of a legal dispute.

What can a power of attorney do?

With a valid power of attorney, your agent can take any action permitted in the document. Often your agent must present the actual document to invoke the power.

Can a power of attorney be used to sell real estate?

Similarly, an agent who signs documents to buy or sell real property on your behalf must present the power of attorney to the title company. Similarly, the agent has to present the power of attorney to a broker or banker to effect the sale of securities or opening and closing bank accounts.

What do you need to know about a landlord-tenant case?

Court rules require a party, if asked, to answer the other side’s questions before trial. In a landlord-tenant case, this means finding out the information your landlord has and what he plans to use in the case against you.

Why do you need a power of attorney?

Another important reason to use power of attorney is to prepare for situations when you may not be able to act on your own behalf due to absence or incapacity. Such a disability may be temporary, for example, due to travel, accident, or illness, or it may be permanent.

Why is a power of attorney important?

A power of attorney allows you to choose who will act for you and defines his or her authority and its limits, if any.

What is the power of attorney in fact?

Generally, the law of the state in which you reside at the time you sign a power of attorney will govern the powers and actions of your agent under that document.

What to do if you are called upon to take action as someone's agent?

If you are ever called upon to take action as someone’s agent, you should consult with an attorney about actions you can and cannot take and whether there are any precautionary steps you should take to minimize the likelihood of someone challenging your actions.

How long does a power of attorney last?

Today, most states permit a "durable" power of attorney that remains valid once signed until you die or revoke the document.

What are the qualifications to be an attorney in fact?

There are no special qualifications necessary for someone to act as an attorney-in-fact except that the person must not be a minor or otherwise incapacitated. The best choice is someone you trust. Integrity, not financial acumen, is often the most important trait of a potential agent.

What is a springing power of attorney?

The power may take effect immediately, or only upon the occurrence of a future event, usually a determination that you are unable to act for yourself due to mental or physical disability. The latter is called a "springing" power of attorney.

Can I file a complaint against my boyfriend in New Jersey?

Not without an attorney. Your boyfriend may file and sign the complaint himself, but you cannot testify or sign anything on his behalf in court unless he is represented by an attorney. My advice in many of these posts is that you should get an attorney, but in your case, you must hire an attorney pursuant to New Jersey Court Rules 1:1-21.

Can you be the managing agent of a POA?

You may be permitted to appear as his agent depending upon the powers granted to you in the POA and whether the court considers you as the managing agent for the building and provided you have knowledge of the fact s. You would be appearing in the shoes of the landlord; but I believe the language of the POA would be determinative.

Can you represent someone in court?

While you can provide testimony based upon your personal knowledge, you can not represent someone in court. Being an attorney in fact is not the same as being an attorney at law.

What happens if a landlord does not comply with the FHAA?

Landlords have a duty to adhere to FHAA requirements and other statutes. If they do not, then their acts are considered a wrong against the public. Such acts are punishable with extra "punitive" damages and with the payment of the other side’s attorneys’ fees.

What is recovery in general cases?

Recovery in general cases is usually only granted when a party has acted in a particularly malicious, reckless, or reprehensible manner without excuse. Housing and landlord-tenant disputes typically revolve around the nonpayment of rent or a rent increase, and are considered general cases.

Can attorney fees be awarded in a landlord tenant case?

However, though attorney fees may be awarded in landlord-tenant cases, a tenant must be careful. Attorneys’ fees will only be awarded to the "prevailing party," i.e., where there has been a final judgment. If the landlord wins in the end, then the landlord will be deemed to be the prevailing party and the tenant will have to pay his landlord’s ...

What is the Fair Housing Act?

There are federal and state statutes in place to protect the rights of tenants, including the Fair Housing Act (FHA), the Fair Housing Amendments Act of 1988 (FHAA), and the Housing for Older Persons Act.

Who is in charge of the FHA?

The Department of Urban Development (HUD) and the Office of Fair Housing and Equal Opportunity (FHEO) are in charge of administering the FHA. This housing legislation includes "fee shifting" provisions, which allow for the recovery of reasonable attorneys’ fees by the winner.

What happens if your landlord doesn't answer your question?

If the landlord does not answer, you can ask the court for a delay until you get a response and for help in forcing the landlord to answer. Your landlord may also serve you with discovery requests.

What happens if a person does not respond to a written question?

If he does not respond, you will then have to begin formal discovery. Formal discovery is the process of serving interrogatories (written questions), requests for documents, or even conducting depositions (sworn, recorded testimony taken before trial).

How long can you postpone a hearing?

If your landlord has not answered your requests by the day before the hearing and the 14 days has not yet expired, you can ask the court to postpone the hearing to give the landlord time to respond. You can also make this motion orally on the day of your hearing, if necessary.

What are unwritten deals?

unwritten deals you may have made with the landlord, any efforts or arrangements you made to catch up on back rent, efforts you made to change behavior that the landlord warned you about, times that the landlord violated your rights (lockouts, utility shutoffs),

How long does it take for a landlord to respond to a discovery request?

Your landlord then has 14 days to respond to your discovery requests. He can answer sooner, but he can also take the full 14 days if he wishes.

What is discovery in a landlord tenant case?

What is discovery? Discovery is the process of exchanging information between the parties to a lawsuit. Court rules require a party, if asked, to answer the other side’s questions before trial. In a landlord-tenant case, this means finding out the information your landlord has and what he plans to use in the case against you.

What is landlord records?

landlord’s records of other complaints that were not in writing, code inspection reports and letters from code officers (local or state), correspondence from you to the landlord, such as requests for repairs, if the apartment is subsidized, correspondence from the housing authority. ,

What is wrongful eviction?

The most common claim for wrongful eviction occurs when a landlord simply changes the locks due to nonpayment. A landlord should never simply lock a tenant out of the property, as this will almost certainly lead to a wrongful eviction lawsuit. 3. Medical Expenses.

What damages can a tenant file for a tenant's injury?

Emotional distress damages (if the tenant successfully proves that the landlord’s negligence in providing habitability caused him or her emotional distress) Tort damages (if the tenant proves that the landlord’s negligence was a cause of the tenant’s injury, the tenant may file a personal injury claim and recover financial compensation ...

What is triple damages?

Triple damages: In certain cases, the judge may find that the landlord’s action was completely unwarranted and unreasonable and order the tenant to pay the tenant three times the value of security deposit as compensation.

What to do if tenant disputes in Florida?

Landlord-tenant disputes can be extremely costly, particularly if the court rules in favor of the tenant and orders you to pay damages plus attorney fees. Knowing exactly what the law says helps you stay within legal limits at all times. Several types of damages can be awarded in a tenant’s rights case, increasing the financial risk of a lawsuit for landlords.

What happens if a tenant complains about mold?

If a tenant’s primary complaint is the presence of mold, asbestos, lead paint, or other issues that either require landlord disclosure or make a unit uninhabitable, you could find yourself on the hook for medical expenses. These add up quickly, particularly if there are elderly residents or children living in the unit.

What are the types of damages that can be awarded in a tenant's rights case?

1. Breach of Implied Warranty of Habitability. Tenants have the right to quiet enjoyment of a safe and habitable living environment.

Why is it important to take preventative steps?

It’s important to take preventative steps to protect your rights and your property. Courts often tend to favor tenants, which makes it even more important that you do everything right when renting out a property, signing contracts, maintaining property, and evicting tenants.