What to do when Tenant is arrested?

What to do when Tenant is arrested?

Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes

I'm curious how others would handle this situation.

Two renters with multiple children were arrested for abusing a child. The child died a few days later and they are both facing murder charges and will never come back to the apartment. 

When something like this happens, what do you do with their stuff? The law instructs me on when to declare it "abandoned" and then I can deal with it a variety of ways. But I don't want to make $50 selling someone's couch because it's incredibly time-consuming and just feels wrong. I would rather have family or friends remove everything so I can just focus on turning the rental around and getting it rented.

I know some of their friends/family, but I didn't want to end up in the middle of a legal fight if the wrong person took the wrong thing and then I get blamed for giving them access. I drew up a pretty basic letter (no attorney involved) explaining their unit is essentially considered abandoned, but that I don't want to protect their stuff. I asked them to provide me with names and contact information of people they authorize to remove their belongings and any special instructions. Some example problems:

  • They are unmarried so the male's friend shouldn't be picking up the female's items;
  • They both have cars that are paid for; I don't want his friend taking her car when it should go to her family members;
  • Items belonging to the deceased child might be going to that child's birth mother that lives in another state.

I reached out to their named contacts to ensure everyone could play nicely. Again, I personally know a couple people on each side of this and they are all good people willing to work with each other to make this happen amicably. I'm providing them access in the next few days to empty the apartment. Anything left behind will be handled using the security deposit, which is sufficient for that and turnover costs.

How did I do? Is there anything else you can think of that I should have done, or done differently? 

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Rental Property Investor · Member since 2018 · 157 posts · 83 votes
5y

@Nathan G.

I’ve made postings on Facebook that basically say “Everything is free, come take it!” And tons of current and future hoarders show up and take most of the trash.

I usually do this when I buy a house full of

junk, I guess this situation is a bit different. Very sad story.

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  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    5y
    Originally posted by @Matt W.:

    @Nathan G.

    I’ve made postings on Facebook that basically say “Everything is free, come take it!” And tons of current and future hoarders show up and take most of the trash.

    I usually do this when I buy a house full of

    junk, I guess this situation is a bit different. Very sad story.

    exactly this is what i do as well.. its amazing how much junk people will take if its free.

  • Austin, TX · Member since 2019 · 5k+ posts · 5k+ votes
    5y
    Originally posted by @Nathan Gesner:

    I've had six tenant deaths in the past six months and two major incarcerations. Two of the deaths had no family/friends and we were forced to sell/donate/dispose of their property. 

    Those poor kid(s)--that's rough on them, and everyone else.

  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    5y
    Originally posted by @Scott Mac:
    Originally posted by @Nathan Gesner:

    I've had six tenant deaths in the past six months and two major incarcerations. Two of the deaths had no family/friends and we were forced to sell/donate/dispose of their property. 

    Those poor kid(s)--that's rough on them, and everyone else.

    U do this business long enough and you run into all sorts of human conditions..  I had a real estate agent / was a couple from Salem Oregon and they scouted timber for me back in the early 90s they worked basically Marion and Polk counties for me.. One day they were no shows they had I think 5 kids or so.. next thing I see on the news their youngest 1 year old or so had passed from starvation.. the other kids were fine .. They then went on the run  only to be caught in Idaho within 45 days.. I had not thought of that sad case until I read this thread.

  • Handyman · Pittsburgh, PA · Member since 2018 · 5k+ posts · 13k+ votes
    5y

    We're lucky. If it's abandoned, I have to store it for a month and if no one comes for it, it's mine.

    So lucky.

  • Real Estate Appraiser · Isabella lake, CA · Member since 2018 · 628 posts · 491 votes
    5y

    Around the corner from me, a 30 yo mother killed her 3 kids of 3 yo or less a few days ago, and is now in jail. Pile of flowers and balloons out front of the building. All over the news.

    Extremely sad for all. I'm sure the building owners will take a hit too.

    But not like the grandmother and their father and others.

    Sounds like a more or less worst case scenario for the owner.

  • Member since 2021 · 12 posts · 15 votes
    5y

    @Nathan G.

    I would check with the local authorities as to whether you should even enter the apartment? This is a horrific and very sad tragedy poor child, this makes me cringe.

  • Nathan GesnerBusiness Member
    Moderator
    OP
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    5y
    Originally posted by @Jennifer Marie Shanks:
    I would check with the local authorities as to whether you should even enter the apartment? This is a horrific and very sad tragedy poor child, this makes me cringe. 

    Good point. I went to the apartment just to ensure it was safe and secure, no abandoned animal or something. Then I contacted the police and spoke with the detective. He asked me to change the locks and keep everyone out, which I did. Nobody went in until the police said it was clear.

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  • Investor · New York, NY · Member since 2020 · 119 posts · 84 votes
    5y

    Other posters have handled the immediate practical responses. I wonder if this is something that can be added to future lease? 

  • Handyman · Pittsburgh, PA · Member since 2018 · 5k+ posts · 13k+ votes
    5y

    Sometimes going through these forums is like reading Jude the Obscure or watching a very special episode of Diff'rent Strokes.

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