Real Estate Investor · Palm Harbor, FL · Member since 2014 · 8 posts · 0 votes
Here is our situation. We have what was a great tenant (husband, wife and son) for 16 months. We were just contacted by the wife that due to domestic battery against her, the husband is in jail. She is fearful of her life and wants to move far away quickly. She also indicated to us that her husband will not be able to afford the monthly rent without her income. Since the initial 12-month lease converted to a monthly lease in December, 2015, we are wondering what obligations we have to the husband in this case. She has filed a no contact order against him. We asked her to write us a letter explaining the situation, requesting immediate lease termination and that her husband is unable to sign the letter since he is in jail. She is planning on removing all their personal items from the home including his property for us and will do the normal move-out walk through with us. Is there something more we need to do to deal with the husband when he gets out of jail...not sure if he can afford the bond. Any advice would be greatly appreciated!!! Thanks, Bob
Oh my, I'm spotting a significant number of issues here and potential for liability. The amount of liability you could be subjecting yourself to, and the amount of hassle this will be, depends on any number of facts not present in the question. Please, go talk to a local attorney before doing anything.
In my state, there are at least a few theories that the Husband could use to pursue the landlord if any damage is done to the property (depending on facts that may or may not exist), a few protections for the Husband depending on the type of charge he is being held on, etc.
DISCLAIMER: Educational material. Not legal advice. Find a local attorney.
In Texas, if there is a domestic violence case and court-ordered restraint, the aggrieved party typically can vacate without penalty. The violator typically is on the hook for the balance of the lease, but it looks like there's no chance that will work for you.
I'd say "Happy trails" after I got copies of the police report and court order...If she understands that for her safety, you would prefer not to have a forwarding address, and she should forfeit any claim to the deposit.
Send hubby notice he has abandoned the property and that you will take it back. You still do a deposit accounting and repairs...I'm not sure what you'd have to do in your state regarding possessions, but you may want to give some notice interval for him to arrange for storage.
In some states (like mine), being the victim of domestic violence is special cause for the victim to break the lease early. Florida doesn't appear to have any such statute. However, if it were me, I would allow the wife to break it and move. Sounds like a bad situation and I can't see much good from forcing her to stay.
Keep in mind though that just because you let the wife out of the lease, that doesn't automatically end your lease agreement with the husband and he will still have legal right to possession/use of the property.
It's definitely not abandonment at this point. For all you know, he could get out of jail tomorrow. Now if he's still in there on the 1st of next month and you don't receive the rent payment, that's a different story and you'll need to serve him the appropriate pay or quit notice for your state and proceed with the normal eviction process. But at least you'll know where he'll be to serve him.
Presuming you have a U/D attorney or at least general counsel, I would forward copy of tenant letter and request the attorney immediately send a CYA letter out to both tenants separately. They will decide where and how to mail as attorney's job is to advocate for you, their client.
Oh my, I'm spotting a significant number of issues here and potential for liability. The amount of liability you could be subjecting yourself to, and the amount of hassle this will be, depends on any number of facts not present in the question. Please, go talk to a local attorney before doing anything.
In my state, there are at least a few theories that the Husband could use to pursue the landlord if any damage is done to the property (depending on facts that may or may not exist), a few protections for the Husband depending on the type of charge he is being held on, etc.
DISCLAIMER: Educational material. Not legal advice. Find a local attorney.
Florida law may offer legal protections to the husband against you removing him from the home without consent or formal eviction process,jail or not.You need to talk to an attorney immediately before you accidentally get yourself sued by him and lose. Protect yourself and good luck.
@Robert Sarno Since I have been a bail bondsman I probably come at this from a different angle than most people. Here are few things I know.
1) He will almost certainly get out on bail.
2) She might be acting criminally by doing anything with his property.
3) There is more than 50/50 chance they will be living together before the protective order expires.
4) People in jail have a right to enter into contracts.
5) There may soon be a divorce filed which means their will be court order discussing your property.
6) A person going to jail does not void their lease.
7) You have already admitted she is not acting on his behalf on a public forum.
8) Unfortunately there are a huge number of false claims of domestic violence. I know this because for years wives have been calling me to get men out and telling me, they made the stories up. They also call me to get him out when they get mad and report him for violating the protective order by living with them. Then they call me to get him out of jail when he violates it again by living with them again.
You might want to talk to a lawyer.
PS I think the worst cases is if they move back in while there is a court order say they cannot be around each other. That is when most of the drama happens.
It sounds like you said the lease is month to month now so that may make it easier. If she moves all their property out the only issue for you is whether she can terminate for both of them in your state. What she has of his is not your issue. Now if she leaves stuff behind it becomes your problem.
I am sorry to say you probably need a lawyer to figure this out. You also might want to get his jail address in case he would just agree to terminate the lease.