At the Mr. Landlord convention last year, someone brought up the topic of a tenant being jailed for an extended amount of time. Obviously, the tenant cannot pay rent. A rental agreement clause was suggested along the lines of "If I go to jail and cannot pay my rent XXX will be entitled to remove my personal items". Can anyone expand on this or possibly provide me with better wording for my rental agreement?

Most of my tenants would be VERY insulted by the idea of being incarcerated, but I can see where it could be helpful for some.

Clause: If Tenant should become incarcerated and unable to occupy the premises or pay the rent as a result, Tenant expressly gives Landlord permission to remove AND STORE his belongings until such time as he should be released, and allow Landlord to declare the lease null & void and to re-rent the premises. Landlord agrees to pay the first month's storage fees and to notify Tenant of their location.

If a tenant of mine were to be incarcerated and fail to pay rent, I would simply do a Non-Payment of Rent eviction. Why would I need a special clause?

We did have a tenant that worked at a hospital and her mother was a social worker so we thought she was on the up & up. Turns out she stole prescription pads, identity and was fired from said hospital & was escorted out by the police.

We had to file for eviction and when it went to court the judge gave her 10 days to get out in which she was picked up by the police and put in jail. We were lucky her mom came & got her stuff out.

So, jail is so common in your tenant pool that you're writing it into the lease? Wow! Screening?

In addition to WMH's post, I'd have them specify someone that has permission to remove their stuff, add their name and contact info to the form. Then add option for you to collect and store but with a moving fee, and monthly storage fee. Make your removing and storing the worst option.

I had that happen with a roomer a few years back. My current Agreement has this:

If for any reason Tenant cannot be reached, or is non-responsive to management calls or notices, such as in the case of an emergency, incapacitation, incarceration, abandonment, or death Tenant designates the following persons as approved to receive mail, notices, phone calls, texts, messages, deliveries, etc. from Landlord for Tenant. Tenant authorizes this person to remove their personal items, and to act on their behalf with Landlord. Each person listed as an Emergency Contact has 100% authority to receive legal notices on behalf of Tenant.

Persons listed must be at least 18 years old. Provide as much information as you can. Please print clearly.

Our law addresses abandonment after 14 days without necessarily needing a long eviction process. This can make it a lot easier to clear the place out.

I had that happen with a roomer a few years back. My current Agreement has this:

If for any reason Tenant cannot be reached, or is non-responsive to management calls or notices, such as in the case of an emergency, incapacitation, incarceration, abandonment, or death Tenant designates the following persons as approved to receive mail, notices, phone calls, texts, messages, deliveries, etc. from Landlord for Tenant. Tenant authorizes this person to remove their personal items, and to act on their behalf with Landlord. Each person listed as an Emergency Contact has 100% authority to receive legal notices on behalf of Tenant.

Persons listed must be at least 18 years old. Provide as much information as you can. Please print clearly.

Our law addresses abandonment after 14 days without necessarily needing a long eviction process. This can make it a lot easier to clear the place out.

Anybody can be hospitalized, or die, etc.

It's all in the same clause.

If a potential tenant is that offended at this clause, one that allows someone they trust to care for their belongings - they probably shouldn't be living in my house.

Michael,

My lease is clear: Emergency Contacts - In case of death, incapacitation, or incarceration I authorize this trusted person to remove my personal property.

Yes, even class A people sometimes go to jail. Subway Jared lived near my relative in. $500k home.

No one has ever complained when we read that clause to them.

BRAD