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Updated about 2 years ago on . Most recent reply

Dealing with personal property of an arrested tenant
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

- Real Estate Broker
- Cody, WY
- 41,350
- Votes |
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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:
- 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
