U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Real Estate > Renting
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
 
Old 06-30-2011, 09:36 PM
 
Location: SoCal
630 posts, read 2,080,284 times
Reputation: 371

Advertisements

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?
Reply With Quote Quick reply to this message

 
Old 06-30-2011, 09:43 PM
 
Location: NJ
17,579 posts, read 34,309,171 times
Reputation: 15895
I imagine as soon as they don't pay rent you evict them just like anyone else that doesn't pay rent.
Reply With Quote Quick reply to this message
 
Old 06-30-2011, 11:10 PM
 
Location: Seaford, Delaware
3,445 posts, read 15,172,237 times
Reputation: 2497
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.
Reply With Quote Quick reply to this message
 
Old 07-01-2011, 08:02 AM
 
Location: Brooklyn New York
14,600 posts, read 20,739,374 times
Reputation: 18388
but you cant throw someones stuff out in the street because you feel like it.
There is a law bout that.
Reply With Quote Quick reply to this message
 
Old 07-01-2011, 08:07 AM
 
Location: Traveling again
2,535 posts, read 1,754,931 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.
Reply With Quote Quick reply to this message
 
Old 07-01-2011, 09:59 AM
 
Location: Boise, ID
7,715 posts, read 19,454,686 times
Reputation: 8485
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.
Reply With Quote Quick reply to this message
 
Old 03-30-2017, 03:50 AM
 
2 posts, read 1,119 times
Reputation: 10
Who can pay the rent if a person is incarcerated?
Reply With Quote Quick reply to this message
 
Old 03-30-2017, 04:01 AM
 
51,320 posts, read 52,959,052 times
Reputation: 32406
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 .
Reply With Quote Quick reply to this message
 
Old 03-30-2017, 04:46 AM
 
7,550 posts, read 14,430,456 times
Reputation: 8992
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.
Reply With Quote Quick reply to this message
 
Old 03-30-2017, 12:36 PM
 
16,994 posts, read 19,207,143 times
Reputation: 28006
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.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:

Over $99,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Real Estate > Renting

All times are GMT -6.

2005-2017, Advameg, Inc.

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32 - Top