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No lease tenant in jail - Landlord Forum thread 357857

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No lease tenant in jail by Dawn (MD) on June 25, 2018 @21:34

Ive had a tenant living in the apartment above my garage for about 5 years without a lease. I found out today that he has gone to jail for the next 2 months. He has made arrangements for his girlfriend to pay his rent and care for his dog. She wants to leave the dog at the apartment during the day. After time to consider, Id rather no one have access to the apartment while he is locked up. Id also like to get him out of the apartment all together. Can I change the locks and give him notice to move out while hes in jail?
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Re: No lease tenant in jail by Garry (Iowa) on June 25, 2018 @22:09 [ Reply ]
Absolutely NOT! You CANNOT change locks until your tenant is LEGALLY evicted, or moves out on his own. Apparently, you have allowed the T to have a dog. As long as the rent gets paid, you have to treat the situation as that the T is living there everyday. You do not have any say-so as to who cares for the dog, unless the GF has a criminal background-----in which case you do not have to allow that person on the premises.

Since your T is in jail, you do have the right, after posting a 24 hour notice on his door, that you are going in, to check on the dog, and any damages it may be causing, maybe twice a week. Try to find out from your local police dept. where he is in jail at, and if you can have mail delivered to him. You said you have "no lease" with him. That means both of you are on a M2M lease according to your state LL/T laws. So mail him a notice to be out of your apartment by either Aug. 1 , Aug. 15, or Aug 31. Mail it certified to his current address, and to the jail. Post a copy on his door, and even hand-deliver a copy to his GF if you see her at the apartment, and also hand-deliver one to him in jail. You must do things LEGALLY, even if he is in jail for a year. He is still a T with rights, no matter where he is staying.
Re: No lease tenant in jail by Wilton (IL) on June 26, 2018 @23:55 [ Reply ]
Be very careful. You are not allowed to change locks until after you have legally ended the tenancy.... so guests of the tenant are off limits I'm sorry to say. You could end up as his cellmate I'm not kidding!
You should talk to a lawyer about giving notice while he is in jail so you do it correctly.

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