Being a landlord comes with challenges, but finding out your tenant has been arrested might be a landlord’s worst nightmare!

Fortunately, there are procedures for how to deal with such a contingency. This article will help landlords know how to protect themselves and their assets if this situation occurs.

CONFIRM 

 First, confirm your tenant is incarcerated. Contact your local jail or try searching for the tenant’s name on the local jail’s website.

If you can’t locate your tenant, call their emergency contacts. Do not tell them you suspect your tenant is in jail, simply that you need to get in contact (accusing your tenant of incarceration without proof could make you vulnerable to defamation lawsuits).

GET IN CONTACT

 Ideally, you will locate the incarcerated tenant. You can then either visit them in jail or get in contact with the tenant’s legal representative.

NOW WHAT? 

Incarceration does not mean you have grounds for eviction, nor is their lease automatically terminated. The lease agreement remains valid unless a clause allows for its termination (for instance, a clause in your rental agreement specifying that being convicted of a felony is grounds for an eviction).

Once you have confirmed your tenant is incarcerated and established contact, you have several options for proceeding.

KEEP RENTING

Tenants incarcerated for a short time may wish to hold on to their lease and continue paying rent via savings or by asking friends and family for financial assistance.

In some cases, the tenant’s significant other may still reside at the unit, so you may be able to add them to the lease. A co-tenant for the unit may also be able to take over the incarcerated co-tenant’s rent obligation or find a new co-tenant who might take over part of the lease.

Whether proceeding with a significant other or current/new co-tenant, don’t forget to screen potential new tenants with thorough background checks!

ENDING THE LEASE

In some cases, both the landlord and incarcerated tenant may be able to mutually agree to terminate their lease agreement, in which case the landlord won’t have to pay an eviction fee, and the tenant won’t have an eviction on their rental history.

EVICTION

If your tenant cannot cover their lease via a co-tenant or savings—or a mutual agreement over ending the lease cannot be reached—you may begin the eviction process by correctly serving the tenant a legal eviction notice.

Remember, a landlord can only evict a tenant if they violate the terms of the lease agreement. It is vital to follow legal eviction proceedings. “Self-help eviction,” such as removing a tenant’s personal property without an eviction notice or some other form of permission—or other tactics, such as changing the locks or shutting off the utilities—is illegal in all 50 states.

WHAT ABOUT THEIR BELONGINGS? 

If your tenant is being held in jail for a short time and can retain their lease via a co-tenant or savings, you may store your tenant’s belongings.

However, suppose a tenant’s incarceration period is for an extended period, and you have lawfully evicted the tenant by obtaining a court order. You can arrange for the tenant’s legal representative or emergency contact to remove the tenant’s personal property.

Don’t forget that eviction laws (including details such as how long you are required to keep a tenant’s belongings and when and how it is acceptable to dispose of them) vary from state to state.

TREAD CAREFULLY

 No matter how you proceed, remember that the best course of action is to consult with legal experts.

The effects of a tenant going to jail can be challenging for both the tenant and the landlord. Clear communication between all parties will make the situation more manageable for you, your tenant, and the tenant’s family and protect you from legal or financial repercussions.

About Rentals America

Rentals America provides full-service property management for residential rental properties. Our team is completely dedicated to property management, and we’re here to help landlords navigate the rental market.