My Tenant is in Jail.

[Caleb Johnson]

Hi biggerpockets members, my name is Caleb Johnson and I am a landlord in Arizona. I used the House Hacking strategy to buy my first 4-plex in August of 2019 and have Biggerpockets to thank for this. One of my tenants needed to go so I had him sign a non-renewal lease agreement on the second of May. He got arrested on the 5th. I planned on going in on the first of June and removing all of his belongings to a location where his friend said he could collect them when he got out of jail. That way he can still have his things secured once he got out. Does anyone know of a better plan that is legal of course and is a win win for me and the tenant. I would appreciate any help! Thank you and have a good day.

[Daniel A.]

Hello Caleb,

When it comes to dealing with a tenant's property, you definitely want to follow the letter of the law. Oftentimes, landlords will find that tenants leave things behind or up and disappear. Fortunately for you, you know that your tenant is in jail. (Not so fortunate for him.)

With that being said, you still want to exercise caution in dealing with his property. Even if he verbally says to give it to this person or that person, you still want this consent in writing. If he gets out of jail and has a falling out with the person to whom you released his property, you're going to be in a sticky situation if your tenant claims he never told you to give it to that person.

I have attached a link to the laws in Arizona that outline how to deal with "abandoned" property. Really, it's up to you, but I always recommend following the law. People change their minds, but you won't be held liable if they change their mind after giving you written consent.

https://www.lawforveterans.org...

See also:

https://www.allpropertymanagem...

I hope this helps. Best of luck to you.