Skip to content
×
Try PRO Free Today!
BiggerPockets Pro offers you a comprehensive suite of tools and resources
Market and Deal Finder Tools
Deal Analysis Calculators
Property Management Software
Exclusive discounts to Home Depot, RentRedi, and more
$0
7 days free
$828/yr or $69/mo when billed monthly.
$390/yr or $32.5/mo when billed annually.
7 days free. Cancel anytime.
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Managing Your Property
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated about 2 years ago on . Most recent reply

User Stats

21
Posts
36
Votes
Luis Espinoza
  • Investor
  • San Diego, CA
36
Votes |
21
Posts

Dealing with personal property of an arrested tenant

Luis Espinoza
  • Investor
  • San Diego, CA
Posted

Hello,

I'm dealing with a unique situation with a tenant at one of my rental properties.

I got a call from a federal agent this morning that my tenant had been arrested for a federal gun charge. It sounds like he will be extradiated back to another state, and will be going to jail for quite some time.

What do I do with his personal property? Clothes, jewelry, etc? Vehicle?

Any advice would be appreciated based on previous experience.

Most Popular Reply

User Stats

28,092
Posts
41,098
Votes
Nathan Gesner
  • Real Estate Broker
  • Cody, WY
41,098
Votes |
28,092
Posts
Nathan Gesner
  • Real Estate Broker
  • Cody, WY
ModeratorReplied
Quote from @Luis Espinoza:

Know your laws regarding abandoned property. If the investment is in California, I recommend you contact an attorney immediately because the laws are very difficult to navigate and you are in a very litigious state.

In my state, property is considered abandoned after a certain number of days and then I can dispose of it or place it in storage. I also have a handy clause in my lease that requires my Tenant to name an individual to take care of their personal property in case of incarceration, incapacitation, or death: 

  1. EMERGENCY CONTACT. If Tenant is incarcerated, incapacitated, or deceased during the term of this Agreement, Tenant authorizes Agent to allow access to the below-named person for the purpose of removing Tenant’s personal property and receiving a refund of any deposit held by Agent.

     NAME: ____________________________________________________ PHONE: ___________________________________

     EMAIL: _________________________________________________________________________________________________

     ADDRESS: ______________________________________________________________________________________________

  • Nathan Gesner
business profile image
The DIY Landlord Book
4.7 stars
166 Reviews

Loading replies...