My tenant is in jail
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My tenant is in jail (by Roy [AL]) Nov 6, 2023 3:59 PM
       My tenant is in jail (by RB [TN]) Nov 6, 2023 4:35 PM
       My tenant is in jail (by NE [PA]) Nov 6, 2023 4:37 PM
       My tenant is in jail (by zero [IN]) Nov 6, 2023 4:52 PM
       My tenant is in jail (by LTD [AZ]) Nov 6, 2023 5:59 PM
       My tenant is in jail (by Roy [AL]) Nov 6, 2023 6:50 PM
       My tenant is in jail (by Roy [AL]) Nov 6, 2023 7:18 PM
       My tenant is in jail (by RB [TN]) Nov 6, 2023 8:09 PM
       My tenant is in jail (by LTD [AZ]) Nov 6, 2023 8:39 PM
       My tenant is in jail (by unb [GA]) Nov 7, 2023 7:46 AM
       My tenant is in jail (by S i d [MO]) Nov 7, 2023 8:34 AM
       My tenant is in jail (by Ray-N-Pa [PA]) Nov 7, 2023 8:37 AM
       My tenant is in jail (by John... [MI]) Nov 7, 2023 8:59 AM
       My tenant is in jail (by zero [IN]) Nov 7, 2023 9:42 AM
       My tenant is in jail (by DJ [VA]) Nov 7, 2023 9:48 AM
       My tenant is in jail (by Roy [AL]) Nov 7, 2023 10:37 AM
       My tenant is in jail (by DJ [VA]) Nov 7, 2023 1:18 PM
       My tenant is in jail (by Roy [AL]) Nov 7, 2023 2:19 PM
       My tenant is in jail (by DJ [VA]) Nov 7, 2023 4:24 PM
       My tenant is in jail (by 6x6 [TN]) Nov 7, 2023 5:11 PM
       My tenant is in jail (by Vee [OH]) Nov 7, 2023 6:35 PM
       My tenant is in jail (by Roy [AL]) Nov 7, 2023 8:04 PM
       My tenant is in jail (by 6x6 [TN]) Nov 7, 2023 8:41 PM
       My tenant is in jail (by Ken [NY]) Nov 7, 2023 9:23 PM
       My tenant is in jail (by 6x6 [TN]) Nov 7, 2023 9:58 PM
       My tenant is in jail (by Roy [AL]) Nov 8, 2023 9:19 AM
       My tenant is in jail (by Ken [NY]) Nov 8, 2023 10:35 AM
       My tenant is in jail (by Roy [AL]) Nov 8, 2023 10:57 AM
       My tenant is in jail (by Vee [OH]) Nov 8, 2023 11:56 AM
       My tenant is in jail (by Roy [AL]) Nov 8, 2023 12:52 PM
       My tenant is in jail (by 6x6 [TN]) Nov 8, 2023 2:16 PM
       My tenant is in jail (by don [PA]) Nov 8, 2023 6:09 PM
       My tenant is in jail (by Ken [NY]) Nov 8, 2023 6:49 PM
       My tenant is in jail (by zero [IN]) Nov 9, 2023 7:44 AM
       My tenant is in jail (by Roy [AL]) Nov 9, 2023 9:43 AM
       My tenant is in jail (by Pat [VA]) Nov 9, 2023 6:28 PM
       My tenant is in jail (by Roy [AL]) Nov 9, 2023 9:21 PM
       My tenant is in jail (by zero [IN]) Nov 10, 2023 11:33 AM
       My tenant is in jail (by Roy [AL]) Nov 11, 2023 7:24 AM
       My tenant is in jail (by zero [IN]) Nov 11, 2023 10:21 AM


My tenant is in jail (by Roy [AL]) Posted on: Nov 6, 2023 3:59 PM
Message:

Today I sent a text to my only tenant who did not pay November rent. Two hours later, I get a return text from someone who has my tenant's cell phone and this person is texting me saying my tenant is in jail in Indiana. This strange person says he or she will have my tenants stuff moved out of the house in a few days. My return text was, "Who are you"?

I can't make this stuff up. This is just too bizarre.

What would you do in this situation? --71.207.xxx.x




My tenant is in jail (by RB [TN]) Posted on: Nov 6, 2023 4:35 PM
Message:

Set up a time to meet them there

and bring some moving boxes and / or large trash bags.

With a question, how long is this move gonna take ? --69.130.xxx.xxx




My tenant is in jail (by NE [PA]) Posted on: Nov 6, 2023 4:37 PM
Message:

Ignore the bozo and evict a tenant on your normal timeline. Stop by the house and tell the bozo itís time to go. --24.152.xxx.xx




My tenant is in jail (by zero [IN]) Posted on: Nov 6, 2023 4:52 PM
Message:

Roy, go to mycase.in.gov and input the tenant's info to see what the courts say about him. --107.147.xx.xxx




My tenant is in jail (by LTD [AZ]) Posted on: Nov 6, 2023 5:59 PM
Message:

Hi Roy, yeah I think I'd first verify he is in jail, what for, and who is in the house or is allowed access. If he is in jail and cooperative send him or his lawyer a short agreement to move out and they designate XX as the local authorized person. Get ID's.

I would NOT help in the moving, you don't want a situation afterwards where you could be accused of anything. If someone else gains entry and takes all his stuff that is between him and the police and the other party. Stay away from that morass.

If you can avoid a long drawn out drama scene is best. I'd just treat it as a lost deposit (document) and let any rent go if they get out pdq. Then get it rented before the holidays. --47.216.xx.xxx




My tenant is in jail (by Roy [AL]) Posted on: Nov 6, 2023 6:50 PM
Message:

LTD,

I went to the house to post the 7-day P/Q notice. A woman answered the door and she told me she was my tenant's mother. She is the one that texted me earlier but did not identify herself. She told me her son (my tenant) was picked up locally on an outstanding warrant that was issued in Indiana 3 years ago. She also told me she was moving her son's stuff out and should have it out by Friday. I told her I would need her to sign a release form on that very day.

That is all I know for now. --71.207.xxx.x




My tenant is in jail (by Roy [AL]) Posted on: Nov 6, 2023 7:18 PM
Message:

Thanks Zero!

I plugged my tenant's name into that Indiana court case register and I now know why he is in jail.

In 2019, while driving with a suspended license, he took the Indiana cops on a high speed pursuit (resisting arrest) while he was in possession of marijuana. His mother told me today the local cops here stopped him for a minor traffic violation and when they discovered the Indiana warrant, they handcuffed him and gave him free transportation back to Indiana. --71.207.xxx.x




My tenant is in jail (by RB [TN]) Posted on: Nov 6, 2023 8:09 PM
Message:

Sounds like I wasn't to far off. --69.130.xxx.xxx




My tenant is in jail (by LTD [AZ]) Posted on: Nov 6, 2023 8:39 PM
Message:

As the owner of a Corvette I can certainly understand the high speed chase part. I mean why have a speedometer that goes to 220 mph if you can't at least try?

But unfortunately you can't outrun spike strips, or a warrant...

I'm actually kind of glad I couldn't afford a Vette until I was 65 or I'd still be in jail. ;) :D --47.216.xx.xxx




My tenant is in jail (by unb [GA]) Posted on: Nov 7, 2023 7:46 AM
Message:

It's cookie cutter answer.

Tenants name on Dispo (asap) include OR TENANT IN POSSESSION. to cover mommy and others free loading.

--108.239.xx.xx




My tenant is in jail (by S i d [MO]) Posted on: Nov 7, 2023 8:34 AM
Message:

+100 points to RB's answer.

Nothing different than a normal "no pay" case. So take the normal no pay steps. Post notice, file, go to court, execute writ of possession, and clean out on curb day.

The crazy of this situation is just for story time around the bar over beers. Don't let it affect your decisions or processes in any way, shape, or form.

--184.4.xx.xx




My tenant is in jail (by Ray-N-Pa [PA]) Posted on: Nov 7, 2023 8:37 AM
Message:

Commendable that the mom and stepping up, but you have zero leverage that she is going to follow through.

So in the name of consistency, what would you do with a normal person who hasn't paid rent on time? I would follow that path. I am hoping the eviction path is the normal path.....but there are plenty of folks out there that will end up winding online that the tenant hasn't paid rent in 60 days sadly --24.101.xxx.xxx




My tenant is in jail (by John... [MI]) Posted on: Nov 7, 2023 8:59 AM
Message:

I am curious what "release" you were going to have the Mom sign? She likely has no legal standing to sign anything related to the unit.

That being said, I'd actually let her get things out. I'd give her until Friday and not butt in at all since, again, she has no legal standing. If she wasn't out, then I'd file normal eviction on Monday. I can gamble on 6 days to make this easier for me.

Note that, in Michigan, we have a really good "assumed abandoned" law. So, in this case, since the person is behind on rent, I don't actually have to go through the normal process. I can just post a notice on the door stating that the rent has not been paid and I have a reasonable belief that the unit has been abandoned and for someone to contact me within X days (I usually give them a week -- the law does not specify) if it has NOT been abandoned or that I will re-take possession on DATE.

The guy in jail can't respond, so the unit is now mine again without having to go through the normal/long process.

This is especially easy if the unit has been at least mostly emptied -- which is why I'm letting the mother do that for a few days. Again, saves me a lot of time if she even starts to empty the place.

--67.209.xxx.xx




My tenant is in jail (by zero [IN]) Posted on: Nov 7, 2023 9:42 AM
Message:

Wow that is nice on your abandonment. I believe we still have to go thru eviction, but I guess I am not completely sure on that.

Adding to my list of things to research.

Curious what happens if someone not on the lease in in there, like say the mom in this case or a GF or some such? Then it would not be abandoned even tho the lease holder is not available? --107.147.xx.xxx




My tenant is in jail (by DJ [VA]) Posted on: Nov 7, 2023 9:48 AM
Message:

I agree to follow normal procedure.

That means I would have already filed the Unlawful Detainer, since this is the 7th.

It actually would have been better if she had not told you in writing that she is taking his stuff - now if he complains, you can be seen as culpable. You "let" someone else take his valuable stuff.

I also would go the abandonment route here.

When I had this happen is when I ADDED TO the RENTAL AGREEMENT a section where the tenant designates a person (as many as possible) to be authorized to take care of business with me on their behalf & remove their stuff - if they become incapacitated, incarcerated, or institutionalized.

This person must present a photo ID with matching name & address. --68.229.xxx.xxx




My tenant is in jail (by Roy [AL]) Posted on: Nov 7, 2023 10:37 AM
Message:

Here is my take on the situation. Down here the 7-Day P/Q notice is required to be posted on the door, which I did yesterday and met the mother at the same time. The P/Q notice gives the tenant a choice: either pay rent within 7-days OR Vacate the Premises within 7 days. That vacate option is what the mother claims she is doing right now. She has her son's cell phone and a key to the house in her possession, even though she is not on the MTM lease.

From talking with the mother, I can tell she is very concerned about what happens next to her son. I will have to assume she was given permission by her son to move his personal belongings out of the house and into a rented storage shed.

I told the mother that if she can get everything out of the house by Friday, that I would not file the eviction papers on the following Monday as I was planning to. In addition, I told her to I would need her to sign a release form (affidavit) stating that she had removed her son's stuff on her own free will and NOT ME.

So, that is where it stands now. I may go by this afternoon and check if any progress is being made. --71.207.xxx.x




My tenant is in jail (by DJ [VA]) Posted on: Nov 7, 2023 1:18 PM
Message:

Oh, month-to-month.

Then, in addition to the other things above, I would also give a notice of non-renewal today (just in case)

You are willing to give another week for free (in case she doesn't get it done)

If that's OK with you, OK - it's your money.

If you already begin the process, can't you stop it later if you want to? --68.229.xxx.xxx




My tenant is in jail (by Roy [AL]) Posted on: Nov 7, 2023 2:19 PM
Message:

DJ,

I am confused by your reply. What do you mean I am giving another week for free? My rents are due on the 1st and if not paid by the 5th day with late fees added, then a 7-day P/Q notice is required to be posted on the tenants door on the 6th day. That is what happened yesterday.

Next Monday, if I chose to proceed with the eviction, I will file the actual eviction papers (Unlawful Detainer) where I pay court costs of $249.00. At this point, the sheriff serves the papers on the tenant. If the tenant does not respond, then I pay an additional $50.00 and file for a Default Judgment. If the default judgment is ignored by the tenant, then the judge signs off on a Writ of Possession which is the holy grail of any eviction. Again, this entire legal process usually takes about 3 weeks here, unless the tenant responds and wants to have their day in court. That usually adds an additional two weeks for a total of 5 weeks.

--71.207.xxx.x




My tenant is in jail (by DJ [VA]) Posted on: Nov 7, 2023 4:24 PM
Message:

Sorry - I misunderstood.

I was thinking you had not served the notice & said you would hold off until next Monday. --68.229.xxx.xxx




My tenant is in jail (by 6x6 [TN]) Posted on: Nov 7, 2023 5:11 PM
Message:

Does it make any difference in the eviction process if the tenant is in jail and you know where?

Thanks for the continued updates. --73.190.xxx.xxx




My tenant is in jail (by Vee [OH]) Posted on: Nov 7, 2023 6:35 PM
Message:

What does AL law have as a paper -power-of atty you could meet her at a notary and get the keys to end it all formally --184.59.xxx.xx




My tenant is in jail (by Roy [AL]) Posted on: Nov 7, 2023 8:04 PM
Message:

6x6,

I don't think it makes any difference if the tenant is in jail or sitting on a beach in Hawaii. Non-payment of rent is the only issue here and that is what the Unlawful Detainer form will say.

I hope the tenant's mother will remove his stuff by Friday as she said she would. However, if she does not, I will have no choice but to file for eviction on Monday morning. --71.207.xxx.x




My tenant is in jail (by 6x6 [TN]) Posted on: Nov 7, 2023 8:41 PM
Message:

Thank you Roy --73.190.xxx.xxx




My tenant is in jail (by Ken [NY]) Posted on: Nov 7, 2023 9:23 PM
Message:

6x6 When i do evictions and the tenant does not show up the judge would ask me if i saw the tenant that day or if i knew where they are,i always answered no sir i have not seen him and have no idea where they are.I dont want to complicate things or give the judge any excuses but also just because someone tells me he is in jail doesnt mean he really is --74.77.xx.xx




My tenant is in jail (by 6x6 [TN]) Posted on: Nov 7, 2023 9:58 PM
Message:

Thank you Ken. --73.190.xxx.xxx




My tenant is in jail (by Roy [AL]) Posted on: Nov 8, 2023 9:19 AM
Message:

This morning (Wed) I got a text from my incarcerated tenant's mother. Apparently she is communicating with her son in jail. The mother, speaking for her son here, asked me if her son will get his deposit returned? I sent her a text back saying I would need to inspect the house once all of the tenants stuff has been removed. She said that would be today! I did not want to give an abrupt NO to the deposit question. --71.207.xxx.x




My tenant is in jail (by Ken [NY]) Posted on: Nov 8, 2023 10:35 AM
Message:

Good answer- but in reality he will get a bill for not giving a 30 day notice --74.77.xx.xx




My tenant is in jail (by Roy [AL]) Posted on: Nov 8, 2023 10:57 AM
Message:

Ken,

In 17 years as a LL, I have never received a 30 day written notice from any departing tenant. It is because they don't think that far ahead. They live for the moment and sometimes that moment creates incarceration. In this situation, my tenant's deposit will help compensate me for November rent and the cost to re-rent the place, which means I will have to call for a city inspection among several other things. --71.207.xxx.x




My tenant is in jail (by Vee [OH]) Posted on: Nov 8, 2023 11:56 AM
Message:

Good idea to pause on the deposit question, and for those who followed this far along - better to have mom answer the door than any children who would play the dependant game. --184.59.xxx.xx




My tenant is in jail (by Roy [AL]) Posted on: Nov 8, 2023 12:52 PM
Message:

For anyone concerned, I just called my attorney on this issue and according to him, once the house is empty, I can take possession, change the locks, etc. In other words, I do not need to file an eviction and get a court order (writ) to regain possession. An eviction is only required to remove a tenant or their belongings when they are in default. I already knew this, but it was nice to hear my attorney confirm it. --71.207.xxx.x




My tenant is in jail (by 6x6 [TN]) Posted on: Nov 8, 2023 2:16 PM
Message:

Thank you, Roy, for the update. --73.190.xxx.xxx




My tenant is in jail (by don [PA]) Posted on: Nov 8, 2023 6:09 PM
Message:

I would not start an eviction case, even though being strictly technical that is the thing to do. First of all, I would give the guy a break by not saddling him with the eviction record. Despite being locked up he was concerned for you, his LL, and arranged to have his mom clear out his stuff. He could have just "let it ride." I would try to talk to him directly to confirm that mom has the right to remove his stuff, or have him send a letter to me to that effect.

Why spend the filing fees and miss out on lost rent by going the eviction route? He can send you a letter from jail telling you that he is giving up possession and that his mom has the right to his stuff. Re-rent it and move on. --70.90.xx.xxx




My tenant is in jail (by Ken [NY]) Posted on: Nov 8, 2023 6:49 PM
Message:

don- his mother has a key,Roy didnt open the door and let her in,I dont think the landlord needs to be concerned if he gives his mother permission to clean it out or not,she went in with her key and cleaned it out and Roy has every right to retake possession of an empty unit --74.77.xx.xx




My tenant is in jail (by zero [IN]) Posted on: Nov 9, 2023 7:44 AM
Message:

Here's hoping she removes everything and maybe even cleans a little.

Hey, it could happen. Not likely but it could.

Either way the place gets back in the hands of the owner so it can be cleaned (if needed) and rented back out asap.

Sounds like it worked out for the best. Well the best it could under these circumstances.

Curious what the place will look like after mom gets done. --107.147.xx.xxx




My tenant is in jail (by Roy [AL]) Posted on: Nov 9, 2023 9:43 AM
Message:

Zero,

I sent the mother a text this morning asking for an update on moving her son's stuff out. I have asked her to give me her key once she is done and I will have her sign a release which says she removed her son's stuff and not me. I hope this will happen today. --71.207.xxx.x




My tenant is in jail (by Pat [VA]) Posted on: Nov 9, 2023 6:28 PM
Message:

How did it go? --216.126.xx.xxx




My tenant is in jail (by Roy [AL]) Posted on: Nov 9, 2023 9:21 PM
Message:

Pat,

The mother did not want to meet with me and sign my release form. However, she sent me a text saying everything was out and the door keys were in the mailbox. I got the keys out, went in and noticed the tenant's refrigerator is still in the kitchen. I will assume that frig. is mine now. Overall the house was basically clean and ready to rent to again. I will still have to call for a city inspection and that could take another week.

So, I guess this story has had a happy ending. I will change the locks on Friday. --71.207.xxx.x




My tenant is in jail (by zero [IN]) Posted on: Nov 10, 2023 11:33 AM
Message:

I would worry about the fridge. Since mom cleared it all out did she know it was his? --107.147.xx.xxx




My tenant is in jail (by Roy [AL]) Posted on: Nov 11, 2023 7:24 AM
Message:

Zero,

No, I will not worry about the fridge. This no-frills refrigerator is 17 years old and it is maybe worth $150 on the used market. If the next tenant wants to use it, that is fine, but I will not be responsible for any repairs it may need. --71.207.xxx.x




My tenant is in jail (by zero [IN]) Posted on: Nov 11, 2023 10:21 AM
Message:

I just meant the slim chance the ex-tenant says he didn't get his fridge back.

All in all the whole scenario played out as well for you as could be expected. Got rid of (most of) his stuff without having to pay or do it yourself. Ready for the next tenant.

Congrats on all that. Didn't mean to poopoo on the deal because of the fridge. --107.147.xx.xxx





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