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LL/POA/Sister

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Ethes

Junior Member
What is the name of your state (only U.S. law)? CO.
After living with and taking care of my mom who has Alzheimer's for almost two years, my sister who is the POA has shown up unannounced and now has decided to move my mom to OK. with her, selling the house, and stated (to my adult son, not living there) that everything needs to be out in ten days. This is her right but she is making it very difficult for me and my children to live normally. She has been downright mean and dictating to my kids as well as myself. Granted, she is trying to fix up the house but in doing so, she moved all of my belongings from my living space in to a corner in the back room. She did this while I was staying at my adult daughters (30 miles away) which I have done much of the time to keep the peace. I told her I would leave as soon as I saved up the money to do so but this was not good enough. When I arrived home a few days ago, just before kids starting school, and saw what she had done, I lost it and screamed in her face, and at one moment, raised my hand but didn't swing. After she had had enough, she called the police and I of course left. Now, she states that she can not have any sympathy for me and I can no longer stay there... but it is my home at the moment. It is my children's home. I guess I am worried that if I again go home this evening, she will get confrontational (in her very controlled manner) and call the police or something and no I won't be blow up again but she could say what ever she wants to get me out. Don't I have the right to ask her to leave legally? Even though she is the POA, she does not live there. Help, my children need their stable environment.
 


justalayman

Senior Member
she cannot simply order you to leave your residence. She has to start with a proper notice to terminate your tenancy. If you do not move by the end date, she would have to file an unlawful detainer action and seek to have you evicted.

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Don't I have the right to ask her to leave legally?
do you own the home or do you have exclusive use of the home? If not, then no, you would have no right to demand she leave. Your mother would but not you.

and I am sorry to say that in Colorado, the time requirement for a notice is in fact 10 days. That still does not give her a right to do anything with your personal property.
I do believe your 10 day notice MUST be in writing though. I'll have to verify that and get back. If true, unless your notice was in writing, there was no notice.
 
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OHRoadwarrior

Senior Member
Please note we do not advocate breaking the law. Your sister must give you notice of the eviction in writing. If you fail to leave, she will need to file against you in court for removal. Rather than ignore the law and waste moms money, perhaps the two of you can come to an agreement.
 

FarmerJ

Senior Member
You do not need a lease saying you have exclusive use, you have the rights of a month to month tenant so I would suggest you take pictures of your things and tell her to pound sand if she wants you to leave and if she calls the police you tell any officer that arrives that this is now a landlord tenant dispute and she does not live here and is not wanted here and not your fault if she does not know your states landlord tenant laws and if she has any problem with this she should consult a real estate attorney after she leaves.
 

justalayman

Senior Member
You do not need a lease saying you have exclusive use, you have the rights of a month to month tenant so I would suggest you take pictures of your things and tell her to pound sand if she wants you to leave and if she calls the police you tell any officer that arrives that this is now a landlord tenant dispute and she does not live here and is not wanted here and not your fault if she does not know your states landlord tenant laws and if she has any problem with this she should consult a real estate attorney after she leaves.
the mother lives there so obviously the OP does not have exclusive use of the premises. The sister is a guest of the owner of the home so the OP has no right to demand she vacate the premises.
 

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