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Updated over 14 years ago on . Most recent reply

Account Closed
  • Real Estate Investor
  • Ephrata, PA
2
Votes |
58
Posts

Does an incarcerated tenant void a contract?

Account Closed
  • Real Estate Investor
  • Ephrata, PA
Posted

I have a tenant who's renting a garage from me and hasn't paid the current month. He's actually my contractor, but recently was thrown to jail for not paying child support. Everything was a verbal agreement. Is an incarcerated party void a lease agreement?

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Ralph S.
  • Real Estate Investor
  • Sacramento, CA
355
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566
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Ralph S.
  • Real Estate Investor
  • Sacramento, CA
Replied

Renting a garage for storage is not the same as renting an apartment for a residence. You evict for a residence, if the property rented is a garage for storage, different laws come into play. Generally, they will cover how long the rent has to go unpaid before the owner can remove and store or sell the contencts to cover the unpaid balance.

You're best bet is to get the guy to agree to let his wife move the stuff out, other than that, study up on the storage laws in your state.

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