Tenant in Jail : ezLandlordForms

D

Danielle B

started a topic almost 15 years ago

I have 3 tenants living in my rental house. One is in the military, one is in jail and the other is on drugs and still in the house as far as I know. The husband of the woman in jail called me to give his 30 day notice and paid June's rent. He is moving out and I don't know how to legally get the other two out. Please advise...

D

Donna

said almost 15 years ago

I am assuming that all the rent is paid and current. If you have a clause about illegal conduct or activity, you may be able to use that to evict. Hopefully your lease also has a Joint and Several Liability clause which makes everyone responsible as a whole and individually. If the other two can afford the rent and are good tenants, maybe you want to consider letting them stay?

J

Jason I

said almost 15 years ago

I have a slightly different situation. My tenant was picked up by the police on Fathers Day for past due child support and it looks unlikely that he will be a free man any time soon. He is currently 10 days late on rent. Today, I supplied him, in person, with the 5 Day notice today. He refused to sign it to acknowledge receiving it, but I did get a visitation pass from the jail showing the date and time I saw him, along with both of our names. I assume this is adequate to show that he got it, right? Also, he is the only one who signed the lease. His minor son and his elderly mother are listed on the lease as others that were living there, but the mother moved out of state 6 months ago and the son is with the mother. The only one living in the house is the tenant's dog, which his current girlfriend comes by to feed and let out. The tenant doesn't want to voluntarily have someone else move his stuff, so I have no choice but to evict. Anything special I need to know/do?