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Can we rent property for an out of state landlord friend using a power of attorney

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  • Can we rent property for an out of state landlord friend using a power of attorney

    My wife has a friend who lives in New Jersey and owns a home in Florida. The home owner would like my wife to rent the property for him. However my wife does not have a Florida state license that would allow her to do so (i.e., real estate agent/broker, property manager, etc). So the question is whether the home owner could assign a limited power of attorney to my wife allowing her to act on his behalf to rent the home, collect rent, make repairs, etc.

    By the way, my question is similar this 2012 thread: http://www.legaljunkies.com/forumlan...ts-behalf.html

    Except in this case the one with the power of attorney (POA) was a family relation (an aunt had given POA to her nephew/niece), so I'm not sure if the same affirmative conclusion would apply to non family relations.

  • #2
    Re: Can we rent property for an out of state landlord friend using a power of attorne

    Yes, your wife can accept a limited power of attorney to rent and accept rents for the owner.

    The license law is to protect the public from unqualified, unlicensed persons setting themselves in business dealing as agents with the public. It is not intended to infringe upon family members or friends acting for each other.

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    • #3
      Re: Can we rent property for an out of state landlord friend using a power of attorne

      The answer of your question will depend on the tenants. If the tenants agree with the landlord to submit the rent to you then your wife would not need a Power of Attorney. Otherwise yes. Further, she may also require a real estate license. Hire an attorney to assist you with the process.

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      • #4
        Originally posted by Friend In Court View Post
        Re: Can we rent property for an out of state landlord friend using a power of attorne

        Yes, your wife can accept a limited power of attorney to rent and accept rents for the owner.

        The license law is to protect the public from unqualified, unlicensed persons setting themselves in business dealing as agents with the public. It is not intended to infringe upon family members or friends acting for each other.
        Yeah I think that is basically right if you do it on a one off basis. You cant do that 20 times of course.

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        • #5
          I am dong the same right now.

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