Tenant Was Arrested

Tenant Was Arrested

Member since 2023 · 3 posts · 1 vote

As the title suggests, I'm in a curious situation...

One of my tenants was arrested last week (8/31). Her current lease expires on 9/9. I've been in contact with a friend of hers and her aunt to clear out most of the items she left. I spoke to the tenant a couple times while she was in prison and she gave me a list of items that she wants kept, the rest she's okay getting thrown out. She's was also agreeable to have another tenant sign/move in as she is unsure how long she will be incarcerated (both conversations were had on a recorded line).

My initial assumption is I should be okay to list and sign a new tenant anytime after the old lease expires.

Has anybody been through a similar experience with a tenant "vacating" the property due to arrest and/or the tenant giving permission to remove belongings and get the unit rented to a new tenant? Legally, is there anything I should be thinking about that wasn't mentioned in this post?

Thanks for any help!!

1Reply
33 views

Most Popular Reply

Real Estate Consultant · Cleveland · Member since 2020 · 6k+ posts · 3k+ votes
3y
Quote from @Jake Walton:

As the title suggests, I'm in a curious situation...

One of my tenants was arrested last week (8/31). Her current lease expires on 9/9. I've been in contact with a friend of hers and her aunt to clear out most of the items she left. I spoke to the tenant a couple times while she was in prison and she gave me a list of items that she wants kept, the rest she's okay getting thrown out. She's was also agreeable to have another tenant sign/move in as she is unsure how long she will be incarcerated (both conversations were had on a recorded line).

My initial assumption is I should be okay to list and sign a new tenant anytime after the old lease expires.

Has anybody been through a similar experience with a tenant "vacating" the property due to arrest and/or the tenant giving permission to remove belongings and get the unit rented to a new tenant? Legally, is there anything I should be thinking about that wasn't mentioned in this post?

Thanks for any help!!


 Re rent it and move on. Get everything in writing from pervious, Don't over think it :)

All the best 

See this reply in the discussion

7 Replies

Jump to latestLatest
  • Real Estate Consultant · Cleveland · Member since 2020 · 6k+ posts · 3k+ votes
    3y
    Quote from @Jake Walton:

    As the title suggests, I'm in a curious situation...

    One of my tenants was arrested last week (8/31). Her current lease expires on 9/9. I've been in contact with a friend of hers and her aunt to clear out most of the items she left. I spoke to the tenant a couple times while she was in prison and she gave me a list of items that she wants kept, the rest she's okay getting thrown out. She's was also agreeable to have another tenant sign/move in as she is unsure how long she will be incarcerated (both conversations were had on a recorded line).

    My initial assumption is I should be okay to list and sign a new tenant anytime after the old lease expires.

    Has anybody been through a similar experience with a tenant "vacating" the property due to arrest and/or the tenant giving permission to remove belongings and get the unit rented to a new tenant? Legally, is there anything I should be thinking about that wasn't mentioned in this post?

    Thanks for any help!!


     Re rent it and move on. Get everything in writing from pervious, Don't over think it :)

    All the best 

  • Investor · Fort Lauderdale, FL · Member since 2020 · 1k+ posts · 755 votes
    3y

    Sorry to hear about your tenant but at least the timing wasn't too bad for you. I would save the items that you were asked to save and work with her friends and family to get whatever is needed out. The lease will expire in a couple of days so just get the apartment ready for the next tenant. 

    To be clear, a tenant going to prison never happened to me but I did have a tenant die a couple years ago, I worked with his gf (who lived separately) and son regarding getting his things out and it was a smooth process. They saved all his things that they wanted and cleared out the rest for trash. Don't overthink it and just work with the family

  • Real Estate Agent · Chicago, IL · Member since 2017 · 2k+ posts · 2k+ votes
    3y

    Talk to a LOCAL lawyer and see whats required to re rent it and dispose of possessions within the law. If do wrong can be hefty fines. 

  • Realtor · Boulder, CO · Member since 2016 · 3k+ posts · 5k+ votes
    3y

    I had that happen once and I had the existing tenant sign a lease termination agreement that said both parties were mutually ending the lease. Even with her lease ending on 9/9, I would still have her sign a lease termination because without it she could still be considered a "holdover" tenant. Then at the jailed tenants written request, I had their friends/relatives take care of removing all of their stuff. I didn't touch any of it. Then I did my turnover and rented it out ASAP. Henry above has the only 100% correct answer though: talk to a local lawyer. I highly recommend knowing your local laws, as landlord/tenant laws vary widely between jurisdictions. They can usually be found in your local landlord/tenant handbook. Good luck! 

  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    3y

    Your tentant gave you permission to empty the unit. Do so quickly, clean it up, charge her deposit, and get it rented again.

    DO NOT rent it to her friends or acquaintences. Birds of a feather flock together. You need a clean break and fresh start.

    The DIY Landlord Book4.7247 Reviews
  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    3y

    @Jake Walton that recorded line is to catch people doing things they shouldn't be doing in jail, no chance that recording makes any difference for you or the jail will have it if you have an issue. You can send the tenant something to sign but you need to read the mail rules and you cannot send a stamped envelope to get it back so she has to buy a stamp (and probably won't).   You could draw a release up send it to her and try to get it back through her lawyer who if they are a public defender are pretty busy. 

    I would just move on and not worry about it.  Alternatively you can record her yourself giving permission on what can and cannot be disposed of.  

  • Property Manager · Charlotte, NC · Member since 2022 · 138 posts · 87 votes
    3y

    Hey, Jake!

    As a multi-family manager, this has happened numerous times (unfortunately). It seems she is doing the right thing and being agreeable, that's great! The State laws will differ, but in NC, you can store the tenants items and charge them for said storage, unless they agree in writing to having the items thrown out or a family / friend can collect the items on the tenants behalf. You can non-renew the tenant, seeing as how she is incarcerated, and begin a new lease with new tenants.

    Feel free to reach out if you have any further questions or want to bounce thoughts!

    Artfully,

    Lorien

Join the conversationCreate a free account to reply, vote on answers and follow this thread.