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How can a landlord evict a tenant arrested and now in jail during his tenancy?

Tenant is on a month to month lease. He was arrested by the police during his tenancy and his belongings are still in the room he is renting. He will be in jail for a long time. How can a landlord evict the tenant who caused nuisance to other roommates and one reason he was arrested.
This bad tenant threatened another roommate with a knife in which another tenant called 911. The police came and arrested him and charged with misdemeanour. He is in jail right now. However, he has another warrant for his arrest for perjury and will be transferred in another county jail. Two tenants filed for a longer restraining order against this bad tenant. The question is how can he be evicted?

wow..Im a landlord..A tenant was arrested very recently..With some wild details I won’t go into….I took the matter into my own hands..I changed the locks,stored there stuff..there gone period..No one or community will put up with criminal’s..In my case i called the person’s parole officer and had them send a message..The person has 60 days to retrive there stuff or its yours..

10 Responses to “How can a landlord evict a tenant arrested and now in jail during his tenancy?”

  1. dragonfly_3 Says:

    If there are other roommates in the unit, I don’t see why you actually have to evict this tenant. They will be responsible for the entire rent, as they would be if any of the roommates left. His stuff is another matter altoghether. Did you get full rental applications from all your tenants? If you did, there should be a contact number for a relative. See if you can get a family member to settle up and get his crap. If you can’t, you might have to store his stuff as per whatever the laws are in your state.

    Ah, restraining order…now you have good reason to file a formal eviction. I think you need to consult an attorney on this one, it’s complicated. Good luck!
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  2. Debbie Says:

    if no rent is paid then you give an eviction notice to him. since he is in jail you know where to find him. Ask him if he has a friend of family member that can pick up his things. If not, I’d check with the court on what to do with them.
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  3. open4one Says:

    It doesn’t matter where he is, the procedure is the same. It MIGHT make a difference if he was in a mental hospital, as the notice requirements might change if he his mental state precludes Actual Notice, but jail is just another address to send the papers to.
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  4. Maggie D Says:

    The same way you’d evict him if he weren’t in jail. Nothing changes. Month-to-month tenancy requires a 30-day written notice. Send it "Return Receipt Requested" to him in jail.
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  5. Lucas A Says:

    Ask an attorney, that’s very hard, since i don’t think you can evict him, since he’s not there.
    Help there!
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  6. towanda Says:

    Is he paying rent? You lose your rights when you break the law. The landlord is not responsible for belongings. It’s a business and the person in jail should have made arrangements for his things. He has for all intents vacated the apartment. The landlord is not obligated to store a tenant’s belongings. Why would you even ask? A landlord is not your mother or father and has no obligations to you-especially if you were causing trouble. You are only obligated to give 30 days notice to ask anyone to leave with a month to month tenancy. Since you care so much, why don’t you go over and pack up his belonging, rent a storage place and pay for it for a long time until he gets out and then see just how much thanks you get.
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  7. Patrick Says:

    The answer should be in your lease. In my leases I rent out houses and apartments. it’s a single unit. I do not rent out single rooms. In roommate situations, my leases say they are jointly and severably responsible for everything. This protects me in that I don’t have to deal with a "here’s my half of the rent" situation. All tenants are responsible for all of the rent.

    I’ve never heard of evicting a single person on a lease (at least not in my area). If all the tenants names are on the lease then either the lease is being met or in violation. If it is in violation you’ll need to sue all the tenants for eviction then start a new lease with the remaining tenants.

    Good luck!
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  8. overhereyoupretty Says:

    wow..Im a landlord..A tenant was arrested very recently..With some wild details I won’t go into….I took the matter into my own hands..I changed the locks,stored there stuff..there gone period..No one or community will put up with criminal’s..In my case i called the person’s parole officer and had them send a message..The person has 60 days to retrive there stuff or its yours..
    References :

  9. jackie Says:

    hi my tenant was recently jailed I have no way of contacting this person the lease is over on the 30th of April as of now there is no power on in the home I was told to give a 3 day notice if no response then I have to go back and file for evection

  10. Lorraine Says:

    My tenant was arrested. I think in Utah it is only 30 days for storage. But should I serve her a 30 day abandonment form, or a 3-day Eviction? She wants to pay me the two months rent owed by having me sell “some” of her stuff, but I really don’t want to do that. What do you think?

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