1 of 3 Tenants Went to Jail

1 of 3 Tenants Went to Jail

Rental Property Investor · Chandler, AZ · Member since 2019 · 39 posts · 21 votes

We rented a home to three adult brothers just over a year ago and just signed the lease renewal.  Overall they WERE problem free tenants until yesterday when we received a letter from an attorney stating one of the three brothers has been arrested for possession of child pornography.  The two younger brothers are asking to be let out of the lease, as they fear the jailed brother will eventually seek revenge on them for complying with the search warrant at the property where all of the electronic assets were seized.  The jailed brother makes the most income, and I assume the other two would have a hard time covering the rent each month.  We are inclined to let them out of the lease as we'd rather find a new tenant that can afford the home.  The problem I foresee is that the jailed tenant would still be on the lease.  Is the only way to evict him to wait for non-payment of rent if he goes to jail long term?  Are there any other approaches to getting all three of out at the same time?  I can't find any real info on what to do with a jailed tenant other than honoring the lease until they miss a payment.  As awful as the accusations are, I don't think we have the ability to break the lease with him until the terms are broken.  I also need to mention he hasn't been to trial yet, so we don't even know if he's guilty of the accusations.  Has anyone been through something like this?  We will talk to an attorney before making any real decisions, but at this point any advice y'all have would be appreciated.  We're in Arizona if that makes any legal difference.

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Theresa HarrisPro Member
Member since 2019 · 15k+ posts · 11k+ votes
2y

Get all of them to sign the lease saying they are moving by the end of Aug and will have all of their possessions out and the place in good condition at that point.  Contact the one in jail via his lawyer.  If the two are afraid for their well-being most places have laws in place to protect them by letting them out of leases-given it is usually women escaping domestic violence.

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  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    2y

    Get all of them to sign the lease saying they are moving by the end of Aug and will have all of their possessions out and the place in good condition at that point.  Contact the one in jail via his lawyer.  If the two are afraid for their well-being most places have laws in place to protect them by letting them out of leases-given it is usually women escaping domestic violence.

  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    2y
    Quote from @Josh Darley:

    I'm in a small town and visiting the jail is easy. I deliver a letter to the Tenant letting them know that their lease will be terminated and what will happen with their belongings. I ask for their signature and to have the letter returned.

    Whether I have something in writing or not, I would terminate the lease. Ask the two brothers to remove his belongings and put them in storage or something. Clean the place up and move on.

    It's highly unlikely he would ever come back to you when he has child p*rn charges on his record.

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  • Doug McVinuaPro Member
    Property Manager · Queen Creek, AZ · Member since 2016 · 608 posts · 426 votes
    2y

    @Josh Darley Josh, I would contact Denise Holiday at Holiday and Holiday (Dr. Evictor) for a consultation. Denise and her firm are the highest-volume and most successful (landlord-only) firm in Maricopa County. Many of my fellow Property Manager firms also use Denise with great success. They know the ins and outs of the statutes and the court system and will be able to give you a solid answer.

    Carefully document everything. Given your situation, spending a few hundred on an attorney sounds like a solid investment.

    I have never lost an eviction case with Denise and her firm. She lives and breathes Arizona landlord-tenant cases.

    I hope the tenants all voluntarily leave for you! Of course, if all three agreed to the change in terms, that would be the easy way out for everyone.

  • Michael SmytheBusiness Member
    Real Estate Agent · Metro Detroit · Member since 2023 · 4k+ posts · 3k+ votes
    2y

    @Josh Darley hire an attorney to handle terminating this lease legally!

    You don't want to make a mistake and open yourself to a lawsuit.

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  • Real Estate Broker · Northeast PA · Member since 2017 · 2k+ posts · 2k+ votes
    2y

    First, does your lease address the issue, (such as in this example):  "Tenants will obey all local, regional, and federal laws or be subject to eviction."

    How long will the arrested brother be in jail?  If it will be months or more, you might simply serve them all with the proper notice to 'cure or quit', or 'non-payment' if that is the case, and then go to court.

    Assuming you get the judgment in court, you might then simply evict them.  

    I am not an attorney, and this is NOT legal advice. I am speaking only from my own experience of over 40 years.

    Good luck.  Keep investing and moving forward.

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