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Updated about 2 years ago on . Most recent reply

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Luis Espinoza
  • Investor
  • San Diego, CA
36
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21
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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

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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
41,350
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28,236
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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
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