Evicting someone who is in jail

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Table of Contents. Learn How to Replace Your Paycheck. Overall, these are some general options: 1: Continue the Lease As-Is If your tenant wants to retain their lease and can continue making rent payments on time, this makes for the easiest option.

Want to compare investment property loans? How about fix-and-flip loans? Compare Investor Loans. Special Considerations: When to Contact a Lawyer What if your tenant goes to jail for domestic violence? Protect Yourself if Your Tenant Goes to Jail If you follow the steps above, you should be in good shape in the event your tenant goes to jail.

More Real Estate Investing Reads:. About the Author. I want to know more about…. Leasing Issues. Connect with us on social! Hama on July 13, at AM. I wish this never happens to anyone. Brian Davis on July 21, at PM. Agreed Hama! Dale M on July 17, at AM. Yuaraz on July 19, at AM. Brian Davis on July 20, at AM. Daniel Evans on August 16, at PM.

This is a very tense situation. Hope nobody has to go through it. Brian Davis on August 16, at PM. Very true Daniel! Ned Wilshire on September 6, at PM. OMG, this is something I never want to happen again! Brian Davis on September 8, at AM. Sorry you had to go through it once Ned!

Mark Brian on September 30, at PM. I hope every Landlord comes across this article. Brian Davis on September 30, at PM. Thanks Mark, much appreciated! Any comments or suggestions provided by Tessa or any guest bloggers should not, therefore be relied upon as a substitute for legal advice from a qualified lawyer regarding any actual legal issue or dispute. Nothing on this website should be construed as legal advice or perceived as creating a lawyer-client relationship apart from the Fast Track block clinic service - so far as the questioners only are concerned.

Please also note that any opinion expressed by a guest blogger is his or hers alone, and does not necessarily reflect the views of Tessa Shepperson, or the other writers on this blog. Note that Tessa is an introducer for Alan Boswell Insurance Brokers and will get a commission from sales made via links on this website.

Here is a question to the blog clinic from Diana who is a landlord: I just found out that my tenant had gone to prison for possible rape and drugs problem.

How can I get rid of him and recover the lost money. Thank you so much. Unfortunately the fact that your tenant is in prison do not end the tenancy of itself. Are you panicking because you forgot to protect your tenants deposit? Comments Whilst it may not always be an option, one thing to consider if is you have a judgment against the tenant then their goods can still be enforced against whilst they are in prison.

Before you do anything though, check the California laws for tenant abandonment. California has one of the strictest laws regarding this so be careful what you do next. Usually, it is defined as your tenant moving out and does not inform the landlord.

However, it can be applied to this case as well. Abandonment also includes the rent not being paid along with the tenant being away from the premises for an extended period. On these grounds, you have the right to consider the unit abandoned. After a specified waiting period, you are allowed to repossess the property. After that, you can do whatever you want.

It is wise to contact any emergency contacts of the tenant and have them take the property before you decide to dispose it off. Having a tenant in jail does not have to be a nightmarish situation for you.

As a landlord, if you take the appropriate precautions, you will be able to deal with such a predicament in a calm and logical manner. For example add incarceration as grounds for eviction in your lease agreement before you take on a tenant. All in all, what we want to say is take precaution now to avoid pain later! Footer Award-winning management means: Maximum profits. Responsive service. Vacancies filled quickly.