Tenant in Prison

[Paul B.]

Hi BP,

I have a (sad) situation wherein one of my tenants has been caught in an armed robbery and is in prison. This person has been a good tenant for a number of years, but somehow fell into a bad situation. So this is tragic for them, and I pray for this tenant. However, on the cold practical landlord side of things, this tenant had fallen behind on rent, so owes a couple months+. Where do I stand legally on this and in regards to the contents of the unit? All this person's stuff is still there. I did have the PM change the locks. Has anyone run into the situation before, and what did you do? Any advice is appreciated. Thanks,

[Rob K.]

I also had this happen once. In my case, my tenant was a total dirtbag and I was already in the process of evicting her. Her armed robbery and quick arrest made the eviction easier.

I would call whatever emergency contact that you have. (This is definitely an emergency). Tell that person to get the belongings out ASAP.

In my case, I had already been to court and gotten a judgment. Since the tenant was always bragging about her big tax refund that she got every year, I was able to garnish her state tax return. If you are able to get any money from this guy, I would suggest doing so.

To answer your original question, if you can't get the tenant's friend or relative to empty the contents, you will probably have to go to court and get an eviction. Check your state laws. Good luck and keep us posted.