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Old 06-30-2011, 09:36 PM
 
Location: SoCal
500 posts, read 1,172,913 times
Reputation: 244
Default Whats happens with the Lease if Tenant goes to Jail?

I don't know why I think of these, but out of curiosity, what if you have a lease with a tenant and for one reason or another they are incarcerated for a period of 2 or more months during the term of your lease.

As the landlord, I'd be loosing out on rent while the tenant is in jail, so do I have an obligation to keep the place until they get out? Do I evict them if they don't pay for next month's rent?
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Old 06-30-2011, 09:43 PM
 
Location: NJ
17,580 posts, read 19,413,481 times
Reputation: 15360
I imagine as soon as they don't pay rent you evict them just like anyone else that doesn't pay rent.
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Old 06-30-2011, 11:10 PM
 
Location: Seaford, Delaware
3,349 posts, read 9,881,171 times
Reputation: 2178
If no one is paying the rent for them, and no one is taking care of the apartment for the tenant, then the apartment is abandond. You can treat it by state law as an abandond. Each state is different, check your local laws.
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Old 07-01-2011, 08:02 AM
 
Location: Brooklyn New York
12,067 posts, read 11,013,296 times
Reputation: 13408
but you cant throw someones stuff out in the street because you feel like it.
There is a law bout that.
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Old 07-01-2011, 08:07 AM
 
Location: Traveling again
2,535 posts, read 1,089,081 times
Reputation: 6050
Contact the Landlord/Tenant court in your county regarding laws on this before you do anything drastic. You should have placed a clause or addendum regarding this in your lease.
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Old 07-01-2011, 09:59 AM
 
Location: Boise, ID
5,277 posts, read 9,931,705 times
Reputation: 4590
We've only had this happen once, and the tenant had his grandma come move his stuff out, so we didn't have to deal with it.

However, we have in our lease that if the tenant is convicted of a felony, it is grounds for immediate 3 day eviction. I think when you show up at court for your eviction hearing, if the tenant is in jail for a prolonged period, the courts would grant you immediate approval to hire the sheriff to move them out.

That is an expensive process though. Expect $1500+. Some areas also have a waiting list for the sheriff.
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