Help with Tenant Arrest - Mutual Early Lease Termination or Eviction

[Benjamin Nitz]

Hello,

My wife and I got out first duplex this year and we are looking for some guidance on how to handle a messy situation with one of our tenants. One of our tenants was arrested on some pretty severe charges and will not be returning to the property. His family has taken all of his property from the unit and has returned us all the keys. We were hoping to send a Mutual Early Lease Termination Form to the jail to have him sign and return but are getting the run around a bit by the jail and local clerk of courts. Jail is saying we need to file a formal eviction with the clerk and clerk will serve him at the jail. Clerk is saying we can file an eviction, but it is on us to figure out how to serve him at the jail.

I would like to avoid the eviction process and simply send this letter with a return envelope to have him sign just to have documentation that he has agreed to terminate. 

Any advice would be awesome! 

[Ricardo R.]

Hey Benjamin,

Welcome to landlording — this is one of those “you can’t make this stuff up” moments every new owner eventually runs into. You’re handling it the right way by looking for clean documentation before re-renting.

Here’s how I’d approach it:

1. You don’t need to evict if the unit is clearly surrendered.
If the family removed all belongings, returned the keys, and the tenant is clearly not coming back, that’s legally considered abandonment/surrender in most states. The early termination form is nice for the file, but the key return is often enough proof the tenancy ended voluntarily. Take photos of the empty unit, keep copies of texts/emails from the family, and document everything in case there’s ever a dispute later.

2. Stop chasing the jail bureaucracy.
Once they’ve surrendered the keys and the space, there’s no need to go through the full eviction process — especially if the tenant isn’t contesting it. The jail isn’t obligated to process private paperwork, and the courts usually only step in if you’re trying to force possession (which you already have).

3. File your own “mutual termination memo” for your records.
Write a short statement for your file summarizing:

• Date keys were returned

• Confirmation that all property was removed

• That the tenant is incarcerated and not returning

• That the unit has been re-taken with no objection

Have both you and your wife sign and date it. Keep it with the lease file.

4. Re-rent carefully.
Once it’s cleaned up, you’re clear to re-list. Just make sure to document everything (photos of condition, communication logs, etc.) so you can show you didn’t illegally remove belongings or rush entry.

My advice: you’re not dealing with a holdover or an eviction fight here — you’re dealing with a voluntary surrender. Don’t overcomplicate it with the courts if you already have possession and proof of abandonment; Benjamin I really hope this helps you a bit, I sent you DM on BP and hope you can assist, its one of the reason I do this, thanky you.