Dealing with personal property of an arrested tenant

Investor · San Diego, CA · Member since 2020 · 21 posts · 37 votes

Hello,

I'm dealing with a unique situation with a tenant at one of my rental properties.

I got a call from a federal agent this morning that my tenant had been arrested for a federal gun charge. It sounds like he will be extradiated back to another state, and will be going to jail for quite some time.

What do I do with his personal property? Clothes, jewelry, etc? Vehicle?

Any advice would be appreciated based on previous experience.

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Nathan GesnerBusiness Member

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

Quote from @Luis Espinoza:

Know your laws regarding abandoned property. If the investment is in California, I recommend you contact an attorney immediately because the laws are very difficult to navigate and you are in a very litigious state.

In my state, property is considered abandoned after a certain number of days and then I can dispose of it or place it in storage. I also have a handy clause in my lease that requires my Tenant to name an individual to take care of their personal property in case of incarceration, incapacitation, or death:

EMERGENCY CONTACT. If Tenant is incarcerated, incapacitated, or deceased during the term of this Agreement, Tenant authorizes Agent to allow access to the below-named person for the purpose of removing Tenant’s personal property and receiving a refund of any deposit held by Agent.

NAME: ____________________________________________________ PHONE: ___________________________________

EMAIL: _________________________________________________________________________________________________

ADDRESS: ______________________________________________________________________________________________

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Nathan GesnerBusiness Member
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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
3y
Quote from @Luis Espinoza:

Know your laws regarding abandoned property. If the investment is in California, I recommend you contact an attorney immediately because the laws are very difficult to navigate and you are in a very litigious state.
In my state, property is considered abandoned after a certain number of days and then I can dispose of it or place it in storage. I also have a handy clause in my lease that requires my Tenant to name an individual to take care of their personal property in case of incarceration, incapacitation, or death:
1. EMERGENCY CONTACT. If Tenant is incarcerated, incapacitated, or deceased during the term of this Agreement, Tenant authorizes Agent to allow access to the below-named person for the purpose of removing Tenant’s personal property and receiving a refund of any deposit held by Agent.
NAME: ____________________________________________________ PHONE: ___________________________________

EMAIL: _________________________________________________________________________________________________

ADDRESS: ______________________________________________________________________________________________
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Nathan GesnerBusiness Member
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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
3y
By the way, I've used this clause many times. Most recent was two tenants arrested for abusing/killing their toddler. Family members came and emptied their unit in one week, I spent the deposit on cleaning, and had it rented quick. In 2019/2020 I had six of my tenants die within four months and all of them had an emergency contact listed that emptied the unit for me.
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Jill F.
Investor · Akron, OH · Member since 2016 · 2k+ posts · 4k+ votes
3y
Thanks! @Nathan Gesner What a good idea! I'm going to copy that. I actually had two tenants die this month. I wish I had had that in my lease.
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Nathan GesnerBusiness Member
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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
3y
Quote from @Jill F.:

Thanks! @Nathan Gesner What a good idea! I'm going to copy that. I actually had two tenants die this month. I wish I had had that in my lease.
It is also in my renewal form so I force the tenant to update it each year and keep it current.
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Eugene Fedotov
Member since 2021 · 34 posts · 16 votes
3y
My question is why would federal agents contact you and let you know that your tenant is in custody, let along talk about extradition. I would call back that agency main number and ask to be put in touch w the agent just to confirm.
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Mark F.
Rental Property Investor · Northern NJ · Member since 2019 · 672 posts · 677 votes
3y
Quote from @Eugene Fedotov:

My question is why would federal agents contact you and let you know that your tenant is in custody, let along talk about extradition. I would call back that agency main number and ask to be put in touch w the agent just to confirm.

It is their (the federal agents) responsibility to secure the property. They do this by contacting the landlord or any other residents sometimes to request their help or notify them. They probably told the landlord he was being extradited so hes aware he wont be returning anytime soon to the property. They can call the agent back to confirm, but that is pretty standard. You can usually look that info up anyway online to confirm. None of that info is super secret squirrel level 764 G7 classified.
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