My tenant is in jail

[Dave B.]

Quick question: I received a call yesterday from my tenants father. He said his son just was sentenced to 5 years in prison and he’s coming this week to move his furniture and items out of the rental home I own. He sounded very distraught and I think he was telling the truth.

I realize I need to consult with an attorney etc. My question is, what do I need to do to nullify the lease so I can re-list it and fill the vacancy? Normally I would create a document and have the tenant sign it but in this case he won’t be able to sign a sign he’s obviously not around.

Any advice is greatly appreciated.

[Peter S.]

Dont overthink this. 

Consider the incarceration and the Father's statements and actions an abandonment of the unit by the tenant. Hopefully your lease covers this situation. Incarcerations are obviously public record so that can be verified easily and if there is no other co-tenant, then its all pretty much set. 

Have a Notice to Terminate posted on the door just in case.