How to get rid of a tenant in jail

Question

I’m closing on a house this Friday. Existing tenant is month to month. I found out today he started a bar fight this weekend causing extensive damage to a local establishment. After doing some research, I found he had trespassing and assault in 2018 and a domestic violence in 2020. That domestic violence incident resulted in 180 days in jail with 170 of them suspended. He’s currently in the hospital with injuries.  Hard to imagine he doesn’t wind up with more time after this. Anyone ever deal with this? This is in Ohio.

Daniel Rider · Answer

Thanks for the advice.  We did a 15 quick close.  I had sent the current tenant an application so I could run references and background checks on him.  We hadn't got it back yet and then heard about the incident.  Trying to find the info about the incident, I found his troubled past in the court records.  The old owner had said he was a pretty decent tenant and said he didn't know about all the baggage.  I have a termination of tenancy form and letter typed out ready to send him after closing tomorrow.  I was planning on sending via certified mail, posting on the door, and emailing him both documents.  I don't know if he's still in the hospital, jail, or still at home.  My understanding is I can't start any sort of eviction process until his 30 days is up.  I'm not expecting any money for June at this point.  My best case is that he is able to peacefully leave with all of his possessions within the 30 day period.  Probably wishful thinking but we will find out.

Joe Splitrock · Answer

If his lease requires 30 days notice, then your non renewal requires 30 day notice. Since you are closing on Friday May 28th, you can give notice that day stating he has to be out by the end of June. I would mail a copy, tape a letter on the door, send him email and text. Tell him that he has until the end of June but needs to pay June rent if he wishes to stay. I would tell him if he wants to move out at the end of May or part way through June, he only pays for the days he is there. So he must leave by the end of June, but can leave earlier and he won't be charged after him and his property are gone. I would just state in the non renewal that you plan to do rehab on the property. I wouldn't get into the criminal portion because it adds no value.

If he is in jail and not occupying the property, you may be able to reclaim under abandonment. I would still give him proper notice and wait to reclaim until the end of June. It also depends on communication from him. Generally abandonment is when tenants go quiet and have left the property. If you end up with his belongings, most states have abandoned property laws that require you to store the property for a period of time. At some point you can sell the items and use the money to pay storage fees. If there is profit beyond those fees, you often need to return that money to the person, so be aware of that too.

You may be stuck evicting him if he is living there and refuses to leave at the end of June. It becomes a hold over situation. Just make sure you don't accept rent after June rent or it becomes implied agreement that he can stay.

The suspended jail time could have come with an agreement that he stays crime free for a couple years. If that is the case, the judge could order him to jail for the 170 days even as he awaits trial on new charges. If he is going to be in jail, then I would ask if he could have friends or family remove his belongings. If he doesn't, you are stuck putting them in storage. Just make sure to take photos and inventory when you do that.

Good luck.

Nathan Gesner · Answer

Not to brow-beat you over this, but you should always investigate tenants when purchasing an existing rental. It should be part of your due diligence, just like inspecting the foundation, plumbing, etc. When you discover a problematic tenant, try to make their removal a part of the purchase agreement so you can start fresh.

Every state has abandonment laws. I don't know of any that allow you to claim the rental abandoned after just seven days. My state requires 15 days and the tenant has to have unpaid rent. Even then, I have to go through the eviction process and can't just haul their stuff away and change the locks. Based on this guy's violent past, I'm guessing you don't want to make him angry.

I would probably wait to see if he manages to get out and pay June rent. If he pays, serve him a 30 Day Notice of Termination (or whatever time your state requires) and try to get him out. If he doesn't pay, start the eviction process as soon as your state law allows.

If you're unfamiliar with these processes, hire an attorney and let them handle it.

My lease includes a couple important clauses. First, I state that tenants may be terminated for criminal behavior and that I don't need to wait for a court conviction. If I see in the paper that one of my renters was arrested for drug possession, that may be enough to serve them notice because odds are good they are guilty and they had those drugs in my property. This has never been tested in court, but I'm willing to take the risk and it's worked for 11+ years. Second, I ask all my renters to provide the name and contact information of someone that can remove their belongings in case of death, incarceration, or incapacitation. I just had two tenants arrested in April and they are facing murder charges with $1 million bail, so I know they're not coming home. I contacted their listed contact people and emptied the apartment, cleaned it using the deposit, and had it rented within 30 days.

Lynnette E. · Answer

What does his existing lease say?  My lease says they if they are gone for 7 or more days without noticing me then the property is considered abandoned.  Even if they are month to month the terms of the lease apply, assuming there once was one.

If they are in jail/the hospital they can easily be served, but on what basis?  Are they under the terms of a lease? If so, what did they violate?  They are not guilty of anything new now--court has not processed a verdict for their current misbehavior.   Are they month to month?  Then you can notice them to leave without reason, but you may have trouble enforcing this in some locations.  Are they behind in the rent?  Then you have cause, but may have trouble scheduling a hearing in some locations.

As a new buyer you can make them go if they have a lease and they violate it, so make sure you have a copy of that lease before you close!  Courts act better for lease violations.

Greg Scott · Answer

Actually, this is pretty simple (in most jurisdictions).  You follow the eviction process.

We once had a resident get jailed.  She even left her unit unlocked and door open so we are not clear if she was arrested taking out the trash or just forgot to lock her door.  She was already behind on rent so we were in the early stages of eviction proceedings. When learning she was in jail, we re-locked the unit and waited.  Obviously, we had nobody contest the eviction.  We contacted her only son to see if he wanted to come get all her stuff, which he didn't.  Since nobody moved anything out, we obtained a writ of possession.  Then we had a crew from the Sheriff's office come move all the stuff to the lawn.  Half of it disappeared from the other residents cherry-picking the best stuff. The remaining half we threw in the dumpster the following day.

Daniel Rider · Answer

Joe Splitrock,

Thanks for the advice.  At this point, that is going to be my exact course of action.  Hoping for the best but prepared for the worst.  He was prepared to move in with a family member if I didn't renew him so hopefully he follows through with little issue.

Greg Scott · Answer

@Daniel Rider Every jurisdiction has different rules, so you need to know yours.   In Indiana, abandoned property needs to be stored for a certain amount of time.  If uncertain, get the help of a local eviction attorney.  Usually they are not terribly expensive.

Daniel Rider · Answer

@Greg Scott

Seems easier than I thought. I had read in some states you have to document all of there possessions and store them safely for X amount of days. Then you can legally try to sell that stuff to recoup your losses.  He has two brothers he’s close with I believe so I’m hoping to contact them (once I close on the house and start the process) and have them clear his things.

Daniel Rider · Answer

@Lynnette E.

He is month to month so I’m not worried about my grounds to get him out. That should be easy I think. I need to let him know I won’t be renewing him and give him the legal amount of time (need to find this amount out today). My main concern is the process of getting his possessions out in a legal manner since he will most likely be in jail and unable to do so himself. Also wondering if it’s legal/moral to tell him “look I know what’s going on and I’m not going to renew you. It would be easier for both of us if you had someone move your stuff out before this process starts”. He’s in the hospital and has an arm injury. Not sure on the jail timeline but at this point we’re pretty sure he ends up there.

How to get rid of a tenant in jail

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