Tenant in jail after closing

[David Niu]

Hello BiggerPockets friends!

I closed on my first rental property about a week ago, it’s a duplex with both side occupied.

Few days after close I was made aware one of the tenants had been locked up in jail (6 felonies and many counts of domestic violence). I have no way of getting a hold of him and the rent has not been paid. I’ve served the eviction notice about 3 days ago.

I called the police that worked on the case and he refused to give me information.

I’ve spoken with his girlfriend (victim) and I can only go off of what she tells me, below is the info I have so far from her..

He’s been charged with 6 felonies, but at the preliminary the court was adjourned due to mental illness ( to me I feel this is a common strategy to push back the trail). He is now in a mental institute for 60 days to determine if he is mentally well enough to stand in trail.

Tenants girlfriend is now in domestic violence shelter and no longer wishes to go back to the property after she gets her things out. Her name was also never on the lease.

In the mean time.. what do I do? It has been a series of unfortunate events ever since I closed the property. Please help.

Questions-

-how do you evict someone when they are in jail/ mental institute ?

-How can I find out where he is and contact him? His lawyer? And what steps should I take when I can get in contact?

-Will the eviction be easier in this case or is it better to have him/his lawyer sign to release him from the current lease?( 10 months left)

- was the seller responsible for telling me the tenant was in jail and cannot pay rent? If so what legal actions can I take?

Thank you all for taking the time to read this, I know there are legal questions involved, but if anyone has had experience dealing with this, please share your thoughts and experience.

[Rick Pozos]

NEVER trust the seller is telling the truth unless you look him in the eye. There is something called a tenant estoppel certificate. It is filled out by the tenant to tell the buyer that they are current, have not paid anything extra, they have security deposit and how much, etc so that you will know directly from the tenant as well as from the owner and there is no confusion 6 months later when they move out and they say they had $3,000 in deposit and the owner said they had $300. If your agent can not get those signed by the tenant, consider that there is no tenant in the unit and price it accordingly.

So what can you do?? I have an attorney speaking at our local meeting next who does evictions. BUT no one knows where you live because you have not filled out your profile. Evictions vary from state to state. What I would do in Texas is very different than what can be done in Florida or California. I guess I cant give you any advice on this point.