Landlords may not know how to handle a tenant’s belongings if they are sent to jail. Although the tenant is in jail, it does not mean that the lease agreement automatically terminates.
How to Confirm Your Tenant is in Jail
If you believe your tenant is in jail, you should first contact your local jail. You can also search for the tenant’s name on the local jail’s website through an online database. It’s important to keep in mind that not every county has an updated online database. Additionally, you may need to contact multiple county jails to find the tenant.
If you are still unable to find the tenant, call the tenant’s emergency contact. You can express to them that you are trying to speak with the tenant. However, it is not advisable to ask the tenant’s emergency contact if the tenant is in jail, as it may get you into some legal trouble (i.e., slander).
As always, it’s best to seek the advice of a qualified attorney.
Get in Contact with Jailed Tenant
Once you know the tenant is in jail you should discuss the future of the tenancy. If you are unable to speak with the tenant, you should contact the tenant’s legal representative.
Here are a few important questions/information to discuss with your tenant or tenant’s legal representative:
- How will the tenant pay rent?
- When is the tenant’s release date? (Note, a tenant may not know this information until after the arraignment).
- Will the tenant make arrangements for a family member or friend to help them pay rent? (Note, you should be aware of any unauthorized subletting).
- Inform your tenant if you are willing to add the tenant’s spouse to the lease agreement (if they are capable of paying rent).
- Inform the tenant of what will happen to their possessions if rent is not paid on time.
Once you have gathered this information you can proceed with a plan of action.
What Are Your Options When a Tenant Goes to Jail?
Just because the tenant is in jail does not mean that it is an automatic ground for an eviction and the lease does not automatically terminate. Despite the tenant’s current situation, the lease agreement shall remain valid.
The landlord and tenant may have a few options regarding the future of the tenancy.
These options include:
Keep Renting
If the tenant has enough money to rent throughout the lease term, the lease agreement shall remain in effect. However, if the tenant does not have enough money while they are jailed, the landlord will need to look at alternative renting options.
These alternative options include the following:
- If the tenant’s significant other is residing at the unit and they are capable of paying rent, you can add them to the lease.
- If the tenant has a co-tenant, see if the co-tenant can pay rent through the term of the lease or find another co-tenant.
- If the tenant has a roommate who is not on the lease agreement, see if the roommate can be added to the lease agreement as a co-tenant.
It’s important to note that you should screen new potential tenants thoroughly. If the new potential tenant seems like a good candidate, you can amend the current lease agreement by adding or removing a tenant. Note, all tenants including those being added or removed must sign the amendment.
Mutually Ending the Lease
If both the landlord and tenant can agree to terminate the lease agreement the lease can end. By mutually ending the lease, the landlord won’t have to pay for the cost of an eviction and the tenant won’t have an eviction on their rental history.
Breaking the Lease Early
Some lease agreements provide an early termination clause. The clause outlines specific terms that would allow a tenant to break a lease early in exchange for a penalty fee.
Eviction Options
The most common ground for evicting a jailed tenant is for failing to pay rent on time. If a tenant has failed to pay rent, you can begin the eviction process by properly serving the tenant with an eviction notice.
As tempting as it may be for you to find a new tenant, it is illegal for a landlord to use self-help eviction methods. Self-help evictions include changing the locks or removing the tenant’s personal belongings without an eviction order. If you use these methods to remove or exclude a jailed tenant from the property you could face serious legal and financial repercussions.
You can divide the lease agreement if the jailed tenant has engaged in domestic violence. You can remove the abuser from the lease agreement and allow the survivor to remain on the lease. This is also known as bifurcating a lease.
What to Do with a Jailed Tenant Belongings
If you know the tenant will be held in jail for a short amount of time, you can store the tenant’s belongings. However, if a tenant will be in jail for a long time and you have lawfully evicted the tenant by obtaining a court order, you can arrange for the tenant’s personal property to be removed by the tenant’s legal representative or the tenant’s emergency contact.
The removal process of personal property varies by state. Some states allow the landlord to remove the tenant’s belongings from the premises once the court order is enforced. Other states require law enforcement officials to remove the tenant’s personal property.
If you do have to evict the tenant and cannot make contact with them, it is still essential to follow your local landlord-tenant laws to avoid a future lawsuit. Check out the table below to determine how long you have to keep an evicted tenant’s belongings and the acceptable method(s) of disposal.
| State | Time requirement | Acceptable Method(s) of Disposal |
| Alabama | 14 days | Sale |
| Alaska | 15 days after notice |
|
| Arizona | 14 days | Sale at public auction (for unpaid rent only) |
| Arkansas | No Statute | Sale |
| California |
|
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| Colorado | 15 days after notice | Up to landlord discretion without liability |
| Connecticut | 30 days after notice | Sale at public auction |
| Delaware | 7 days after notice | Disposal method not specified in statute |
| Florida |
|
Left at/near the property line |
| Georgia | No Statute | Left at the property (or another property the landlord has access to) |
| Hawaii | 15 days after notice |
|
| Idaho | Must obtain court permission during eviction procedures | Disposal method not specified in statute |
| Illinois | 7 days |
|
| Indiana | 90 days after notice | Get a court order and store in a storage unit or warehouse |
| Iowa | No Statute | Disposal method not specified in statute |
| Kansas | 30 days | Store at the rental unit or in a storage facility |
| Kentucky | No Statute | Disposal method not specified in statute |
| Louisiana | No Statute | Disposal method not specified in statute |
| Maine | 7 days after notice |
|
| Maryland | No Statute | Disposal method not specified in statute |
| Massachusetts | No Statute |
|
| Michigan | No Statute |
|
| Minnesota | 28 days | Public Sale |
| Mississippi | No Statute | Disposal method not specified in statute |
| Missouri | 10 days after notice | Disposal method not specified in statute |
| Montana | 10 days after notice |
|
| Nebraska |
|
|
| Nevada | 30 days | Disposal method not specified in statute |
| New Hampshire | 7 days after notice | Exercise reasonable care |
| New Jersey |
|
Exercise reasonable care |
| New Mexico | 30 days after notice | Exercise reasonable care |
| New York | No Statute | Companion animals must be reported to appropriate authorities for removal |
| North Carolina |
|
|
| North Dakota | 28 days | Sale |
| Ohio | No Statute | Only addresses tenant belongings remaining in mobile homes, recreational vehicles, or manufactured homes. |
| Oklahoma | 15 days |
|
| Oregon | 15 days after notice |
|
| Pennsylvania | 10 days to claim after notice | Disposal method not specified in statute |
| Rhode Island | “Reasonable” | Disposal method not specified in statute |
| South Carolina |
|
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| South Dakota | 30 days | Disposal method not specified in statute |
| Tennessee | 30 days | Thrown away |
| Texas | No Statute |
|
| Utah | 15 days after notice |
|
| Vermont | 15 days after notice | Disposal method not specified in statute |
| Virginia | 10 days to respond to the notice, an additional 24 hours to collect (unless otherwise noted in the lease) | Disposed of in any way the landlord “sees fit or appropriate” |
| Washington | 45 days |
|
| West Virginia | 30 days after notice | Disposal method not specified in statute |
| Wisconsin | 30 days after notice (unless otherwise noted in the lease) | Disposed of in any way the landlord deems “appropriate” |
| Wyoming | 7 days to claim after notice, 15 days to collect after claim | Disposal method not specified in statute |
