Eviction dilemma: tenant's in jail, don't know when he'll get out

1 Reply

Here's a new one for me. Tenant (inherited from previous owner) missed rent in March. After multiple attempts to contact him, my PM began eviction proceedings this month. Today, I find out the eviction lawyer discovered the tenant was arrested for a DUI on 1/19 and believes they may still be in jail. A little weird since he did pay rent in February, but neighbors say they haven't seen him. So, since no one knows where he is he has not been served, and my options at this point are to cease personal service attempts and have the sherriff post for possession or to keep waiting. So basically, repossess the unit and forfeit this month's and last month's rent, or wait for him to turn up with the hope that maybe I'll be able to recover the rent.

I'm definitely leaning toward the former - but what are your thoughts?

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