Tenant in jail can i evict

Tread Carefully As always, with any legal proceeding, it's best to obtain the advice of a qualified attorney before taking any action. He now publishes feature articles in many publications including Annuity Selling Guide, Bankrate.

As a rental property owner, it can be tempting to rent your property quickly in the interest of making money. The idea of letting your When Does a Guest Become a Tenant? Allison Rebecca Penn. When I was a landlord, I liked to do a little extra for new tenants moving in. I'd leave a roll of paper towels and Laurie Mega. Sometimes we visit homes of the people we care about and see just way too much stuff. It would feel so much nicer to bring Amanda Maher. Get your property managed today. Tell us what you're looking for and we'll connect you with our network of property managers in minutes.

ZIP Code Please enter a valid zip code. Send us a message. Back to Top. In some states, it is also more appropriate to evict a tenant for abandonment rather than non-payment of rent, as the condition of them being incarcerated makes it impossible to pay rent.

Check your local laws or courthouse to be sure of how you should file. Additionally, remember that you need to follow all the legal steps in your state to deal with their abandoned property. You cannot simply throw it all away, as this is illegal in most states. Finally, consider adding a clause to your lease that allows for the termination of the contract should a tenant be convicted of a felony.

Tenants can go to jail for non-felony charges, but felonies are more serious and can be addressed as such in a rental lease. What should you do if your tenant is jailed while renting from you?

Move to find out if anyone will be paying rent, have them agree to vacate the property, or move towards eviction. Evicting jailed tenants is never fun, but it is, unfortunately, something that you may need to do in your time as a landlord.

As long as you go about it in an organized fashion, it should not be impossible to do. Q: Can I still close on my property in state? Q: Do I still have to pay property taxes? After the required waiting period, you can then go in and repossess the property. You can also remove all of their belongings, but you have to store them for 30 days. I know that part may sound like a hassle, and in fact it is, but I generally have some place in an attic or basement to store the stuff they leave behind.

Once those 30 days have passed, you are allowed to sell the stuff to recoup any expense you may have incurred. You generally cannot do this with an eviction, as everything has to be taken to the curb where it will be immediately picked over by vultures who will leave an even bigger mess behind. Instead by using the abandonment procedure, you can just have a yard or estate-type sale or put the stuff on Craigslist and hopefully get a bit of money for your trouble.

The abandonment clause also has another potential good feature. You may have known your tenant well and realize they made a stupid mistake or otherwise got caught up in the wheels of justice. You could choose not to add to their mounting problems by piling an eviction onto their record or putting all of their stuff out on the street.

Obviously, this will depend on your particular circumstances. The procedure for abandonment may be less costly, faster, and all around less messy to use. Back to Path to Purchase Step:. Join BiggerPockets and get access to real estate investing tips, market updates, and exclusive email content. Pro members get unlimited access to expert market analysis, property analysis calculators, exclusive events, and more. Sign Up. Sign in Already a member?

In this article. Well, if you serve the POQ you will spend money on an eviction. Can you contact him in jail and get him to sign a vacate notice? John MI - how can you ""reasonably believe" that they have abandoned the unit"? I'm not arguing your point - just asking since the tenant is in jail. What "IS" abandonment?

The surrender, relinquishment, disclaimer, or cession of property or of rights. Voluntary relinquishment of all right, title, claim, and possession, with the intention of not reclaiming it. I don't think if this person is in jail that they abandoned the property.

I would just move forward with the eviction and stay away from the abandonment thought. In OH we have something similar - the police make a visit, no food in fridge, no entertainment stuff, no laundry soap around the washing machine, heat shut-off. The basic needs of habitability are sanitation, heating - they can use carryout food all the time but sometime the waste comes out and goes down, even a space heater needs juice.

What the law actually says on this part is the following: "The owner believes in good faith that the tenant has abandoned the premises, and after diligent inquiry has reason to believe the tenant does not intend to return, and current rent is not paid. Whether or not knowing they are in jail means that you do or do not have "good faith" to believe that they have abandoned the premises and do or do not intend to return to the premises is indeed a good question.

Glad I don't have to know it. As I also said above, it should be easy to serve him in jail. So, moving forward for a fast eviction might be a fine option. I wonder if there is a limit in the number of rebates you can get. So I picked 5 gallons three days ago.