Tenant in Jail?

Question

I have a tenant who is in jail.  His lease is up at the end of this month, I've wanted him out since I purchased the building.  I've already notified him that his lease would not be renewed and that the move-out inspection was on 4/30/12.

2 questions:

1. The apartment is only supposed to be occupied by him, however I'm aware of many other people who are living there and/or coming and going.  Can I change the locks?  I do have an email notification set up for when his incarceration status changes.

2. If he's still in jail come 4/30/12, can I just throw all his s**t out and change the locks?  I know there are laws around evicting tenants.  I just don't want to have to follow an eviction process for somebody who is already out.  Not to mention they've given up a lot of their rights by doing something illegal to land them in jail.

Any thoughts??

Kevin Yeats · Answer

Michael, consult a qualified lawyer.

You are asking a legal question which if answered incorrectly and you follow that incorrect answer, could expose you to more trouble.  Therefore consult a qualified lawyer.

Because you feel that a judge would side with you does not mean that the judge that hears your case will side with you.

You want this undesirable tenant out of your apartment, I'll bet you want him out of your life too.  Follow the rules/laws.  Ask a lawyer who is familiar with these situations in your state/county/municipality what you must do.

Jon Holdman · Answer

You MUST consult a lawyer.  I am almost certain you are not just allowed to either change the locks or throw all the stuff out on the street.  There is some procedure you need to follow.  Yes, you may well have to evict both the tenant that's in jail and the other people living there.  Whether you acknowledge them or not, they are your tenants.

Raymond B. · Answer

Linked:

http://www.cga.ct.gov/2006/rpt/2006-R-0164.htm

Raymond

Joel Owens · Answer

Michael you need to check "personal property disposal laws" for your state.

http://www.cga.ct.gov/2006/rpt/2006-R-0164.htm

Dick M. · Answer

Who is subsidizing the rent that suggests you change the locks??? A judge may agree with you personally, but if you change locks before the lease is up, you would be in trouble here anyway!!!

Michael Seeker · Answer

30 day notice was given on 3-30-12.  He has not ignored it...yet.  He has subsidized rent.  I contacted his case manager to let him know that the tenant's lease was ending and he needed to find a new place to live.  The case manager was the one who discovered the tenant is in jail and he actually suggested that I change the locks.

I went over there this evening and the door was unlocked (unfortunately I didn't have my key to lock it).  I dropped off a letter stating that the lease was violated due to criminal activity, yadda yadda yadda.  I'd be replacing the locks and taking possession of the apartment no sooner than 72 hours and any possessions in the apartment after that time will be considered abandoned.

I feel like a court/judge would side with me on this, especially if I include photos and other evidence of why his lease is being terminated.  And I'm also willing to take the risk that this guy is even motivated/crazy enough to try and fight any of this in court.

T-minus 69 hours and counting, I'll let you guys know how it goes.  If you don't hear from me in the next couple weeks, I probably got shot :)

Dick M. · Answer

Did you give the non-renewal notice before 3-30-12? (30 days required here) Does it matter that he's in jail? If you know where he is, you should serve him with an eviction notice (by sheriff) if he's ignored the 30 day notice. It should be easy for the sheriff to find him!!!

Michael Seeker · Answer

Key part of the lease:

"Upon termination of this lease, whether by expiration or through default, you agree to vacate the premises peacefully and immediately, and deliver back to us the premises in like condition as when you received it, reasonable wear and tear excepted.  You agree that if any of your property is left in the premises after the termination of this lease or is put in any unauthorized area, we may remove or dispose of that property and you waive any claims for damages as a result of our disposal of the property."

"Involvement by Tenant(s) in any manner with illegal substances or violent activities which would constitute as, at least, a misdemeanor if prosecuted, will constitute a default under this lease."

"If any activity in this paragraph is observed, Tenant(s) is required to vacate property within seventy-two hours."

Based on these excerpts, I am going to tape a note to the door (and photograph it) that basically states "You have 72 hours to vacate, at which time the locks will be changed and I will take possession of the apartment.  If any personal effects are left in the apartment at this time, they will be disposed of."

Vincent D. · Answer

Michael,

I've had this happen before.  In Indiana, my locale, lease law is favorable to the owner.  My lease protects me against abandonment explicitly, and when I attended my hearing for "emergency repossession" the judge giggled and said I didn't have to go thru this step, though "technically" I was doing the right thing.  Just be careful with shady peeps hanging out in the unit when you go to change the locks.  I'd pack some heat, depending.  Be sure to bar the doors and windows to the nth, too, b/c it is likely the dude's cronies will be kicking at doors and bustin' windows to recover "stuff".

As for the tenants possessions, I'm just not sure.  If a tenant disappears and leaves furniture, etc, behind, you can't simply trash the stuff.  You are required to do a "set out" and pay for moving expenses and storage for a month, in some cases.  So much for owner-friendly, huh?  The s**t may end up on that "Storage Wars" show :)  That's the technical spin.  In reality, I've tossed stuff directly into the roll-off container and bid it an unfriendly adieu.

Peace.

James H. · Answer

Does your lease have anything in it about the tenant abandoning the property?

If you changed the locks and someone complained that they lived there, you could re-open it and then do the eviction process. If nobody said anything, you're good.

Tenant in Jail?

Most Popular Reply