The parties who signed the lease will be responsible for damages arising out of the lease. In order to insulate the sister she needed to have a valid Power of Attorney (POA) in place prior to signing the lease and to sign the lease in her capacity of POA. If the brother is not competent to sign a contract then he is not competent to sign the POA. I believe she'll need to get a court to appoint her as a POA.
Sent from Anthony Horky's mobile email
Original Message
From: Aaron Baghdadi
Sent: Friday, August 29, 2014 2:59 PM
To: RPPTL Landlord Tenant Committee
Reply To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Oral power of Attorney
I have a client who signs a lease on her brothers behalf, and signs it
(her name for her brother). Her brother can't sign too much because he
has mental problems. The apartment complex then starts updating their
records and say we need an power of attorney, She gets one from Staples
that is only good upon her brother being disabled (probably defective).
Her brother starts a fire, and is alleged to be a holdover tenant. Can
they sue my client since she was acting on behalf of her brother. I
think everyone involved was under the assumption that my client had
authority to sign stuff for her brother.
--
Aaron Baghdadi
Baghdadi Law P.A.
1220 Commerce Park Dr., ste. 203
Longwood, Fl 32779
Phone: (407)960-4887
email: aaronbaghdadi@baghdadilawpa.com
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
The parties who signed the lease will be responsible for damages arising out of the lease. In order to insulate the sister she needed to have a valid Power of Attorney (POA) in place prior to signing the lease and to sign the lease in her capacity of POA. If the brother is not competent to sign a contract then he is not competent to sign the POA. I believe she'll need to get a court to appoint her as a POA.
Sent from Anthony Horky's mobile email
Original Message
From: Aaron Baghdadi
Sent: Friday, August 29, 2014 2:59 PM
To: RPPTL Landlord Tenant Committee
Reply To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Oral power of Attorney
I have a client who signs a lease on her brothers behalf, and signs it
(her name for her brother). Her brother can't sign too much because he
has mental problems. The apartment complex then starts updating their
records and say we need an power of attorney, She gets one from Staples
that is only good upon her brother being disabled (probably defective).
Her brother starts a fire, and is alleged to be a holdover tenant. Can
they sue my client since she was acting on behalf of her brother. I
think everyone involved was under the assumption that my client had
authority to sign stuff for her brother.
--
Aaron Baghdadi
Baghdadi Law P.A.
1220 Commerce Park Dr., ste. 203
Longwood, Fl 32779
Phone: (407)960-4887
email: aaronbaghdadi@baghdadilawpa.com
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landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
