Tenant in Jail, now what

[Andrea Shields]

Hello BP,

I have been searching similar topics trying to find answers to this question. My tenant of 4 months, who was a bad placement by my realtor is in jail since the beginning of December. The girlfriend who is not on the lease informed me of this when I served the 3 day notice last month. She paid the December rent but is unable to pay the January rent and personally I see trouble brewing. The person on the lease is still in jail as of this posting. I am ok with the girlfriend moving as she is in the process of doing right now, however, due to their legal troubles I was trying to find a way to release them from the lease without breaking any laws. With no payment made for this month I could have done the 3 days eviction notice but did not. Is there a way to mutually cancel this agreement without taking it to eviction. I posted this unit for rent for February and have several people waiting to view property and I also have a month security deposit. Your input would really be appreciated

[Marcia Maynard]

We've been through this situation... but it was even more complicated. Our tenant was arrested, jailed and then deported to Mexico via ICE. We allowed his ex-girlfriend and his elementary age children to continue to live in the apartment as long as they were paying rent and abiding by the terms of the rental agreement. It however ended in a eviction and unlawful detainer and sheriff lockout and us storing the household goods and disposing of stuff.

Most important... know and follow the landlord-tenant laws for your jurisdiction. If the girlfriend is willing to move-out by mutual agreement great. See to it that happens ASAP. However, unless you have written notice from your tenant that he intends to end his tenancy, then you must go through an eviction process. Obtain the services a competent attorney who specializes in evictions.

If the tenant is in a local jail, you may be able to get him to sign a formal notice for him to end tenancy by mutual agreement, but you will still be dealing with his possessions. I would reach out to his emergency contacts, if he has such, and see if it is feasible for him to end his tenancy and have someone else clear his things out of the place. The problem is, it is very difficult to communicate and negotiate such when a person is incarcerated.

Lastly, hold off on advertising the unit as available for February. It is not available until you can legally regain possession and do what is needed for the turnover. Call all of the people who have inquired so far and inform them circumstances are such that the unit may not be available anytime soon but you will let them know when you do have a firm date.

Good luck.