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Old 06-30-2011, 09:36 PM
 
Location: SoCal
627 posts, read 2,068,023 times
Reputation: 371

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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
17,579 posts, read 34,118,425 times
Reputation: 15893
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
3,444 posts, read 15,095,225 times
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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
14,563 posts, read 20,604,301 times
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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 1,745,194 times
Reputation: 6059
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
7,678 posts, read 19,298,868 times
Reputation: 8390
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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Old 03-30-2017, 03:50 AM
 
2 posts, read 858 times
Reputation: 10
Who can pay the rent if a person is incarcerated?
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Old 03-30-2017, 04:01 AM
 
50,625 posts, read 52,383,891 times
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some states require you to store "abandoned property " left behind in an eviction for up to 6 months , then it becomes yours .

we got a house in a tax lien sale . the tenants refused to get out . we evicted them and they ended up leaving all kinds of stuff behind .

we had to put it in and pay for storage for 6 months . after which it became ours .

then we had to pay again to remove it from storage and dispose of it .

it was very costly between the storage and moving fees .
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Old 03-30-2017, 04:46 AM
 
7,512 posts, read 14,280,667 times
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Quote:
Originally Posted by Gomez69 View Post
Who can pay the rent if a person is incarcerated?

Anyone can pay the rent on their behalf...family, friends, strangers off the street..but it goes beyond rent. Who is going to check on the unit and make sure the utilities are paid? I believe that in this case, the landlord would have a right to enter the unit to make sure it's ok (check on pets, check on utilities, etc).

the landlord can either evict for non payment, take the payment from whomever is willing pay it (as well as utilities) and make periodic checks on the unit, or do nothing and wait/hope they will get paid when the tenant is released.
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Old 03-30-2017, 12:36 PM
 
16,792 posts, read 18,932,004 times
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A couple of options:

Contact the tenant at the jail and see if he will sign a release to return possession to the landlord and give a written permission to have a designated person come and retrieve his stuff.

Maybe relatives will pay his rent for him. If it is only 2 months, maybe he has sufficient savings to pay the rent.

If the rent doesn't get paid, you evict him. He's easy to find to serve the papers on and the sheriff will bring him to the eviction hearing in handcuffs.
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