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Tony Kimbril
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Legal question regarding tenant

Tony Kimbril
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  • Rental Property Investor
Posted Feb 23 2023, 11:05

Legal question if anyone can point me in the right direction. A current tenant has a trial coming up for some past offenses. In the event the tenant goes to jail while still renting what are my options as a landlord for getting the property ready to rent again if tenant cannot clean out the property?

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Greg Scott
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Greg Scott
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Replied Feb 23 2023, 11:14

I had a tenant go to jail once.  It is worth noting that the process will be different from state to state.  I'd contact your local eviction attorney.

We evicted and then got possession.  We contacted the family members of the resident and they did not want to come get any of her stuff so we had the sheriff move it all down to the street.   By the next morning, half of the stuff had disappeared and we were legally able to throw away anything left.

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Tony Kimbril
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Tony Kimbril
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Replied Feb 23 2023, 12:30

Thanks Greg, I have already located an attorney locally to reach out to

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Greg M.#4 General Landlording & Rental Properties Contributor
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Greg M.#4 General Landlording & Rental Properties Contributor
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Replied Feb 23 2023, 12:56

Why don't you ask the tenant?

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Nathan Gesner
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Nathan Gesner
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ModeratorReplied Mar 2 2023, 04:46
Quote from @Tony Kimbril:

You should contact the Tenant immediately and start building a plan. Maybe they have someone willing to pay their rent and maintain the rental until they get back? Maybe they will agree to pay a penalty and move out within five days.

Don't try to guess how your tenant will behave. Talk to them, explain the situation from your perspective, and develop a plan.

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Mary Jay
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Mary Jay
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Replied Mar 9 2023, 00:42
Quote from @Nathan Gesner:
Quote from @Tony Kimbril:

You should contact the Tenant immediately and start building a plan. Maybe they have someone willing to pay their rent and maintain the rental until they get back? Maybe they will agree to pay a penalty and move out within five days.

Don't try to guess how your tenant will behave. Talk to them, explain the situation from your perspective, and develop a plan.


 Good advice.

I had a tenant go to jail and his church paid his rent for him.