we rented our condo on friday and by monday the tenant was in jail with 2 counts against him and a 20,000 dollar fine. we dont know yet how long he will be there and his rent is due at the end of the month. we want this man out of the condo as soon as possible. we would appreciate any legal advice because we are not sure exactly how to handle it.
2007-11-21 09:36:11 · 6 answers · asked by Glory days 1 in Business & Finance ➔ Renting & Real Estate
He has not been convicted of anything and the odds are that he will be released on bail. Don't over react here. Be good landlords and give your tenant the benefit of the doubt. Just being arrested doesn't mean that he is guilty and even if he is it has nothing to do with his lease. If he has not showed up by the end of the month start the eviction process.
You don't state what he was arrested for. That would help with my answer. but if it is something that he can clear up by just paying a fine, it is obviously not to serious. Give this a little time to see how it shakes out. I am sorry to say that one of every 50 men in the United States is behind bars. (the largest penal population in the world) This is something that happens, eventually, to all landlords. Handle it with grace and forbearance. You will be fine in the long run.
The other question is how many of his possession has he moved into the unit. If he has not moved in yet it simplifies your agreement and the eviction process and it is possible that he never took possession of the property. Consult a R.E. specialist to check your options.
2007-11-21 09:59:51 · answer #1 · answered by Traveler 7 · 0⤊ 0⤋
I doubt that he has a $20,000 fine, I expect that it is a $20,000 bail which someone will need to post 15% of for him to get out. If he posts bail you cannot do anything to get him out based on him having been charged. Innocent until proven guilty. If he is eventually found guilty of a felony then you may want to speak to an attorney about whether or not you will have a solid eviction claim. My guess will be no.
If he is 5 days late when his next rental payment is due then you can file for eviction due to his late rent just as you could with any tenant.
2007-11-21 17:48:14 · answer #2 · answered by ebosgramma 5 · 0⤊ 0⤋
A landlord can terminate the lease and force the tenant out for good cause. The most common causes are nonpayment of rent, damage to the premises, and violation of the rules and regulations of the lease. The most common violations are disturbing the neighboring tenants with noise, possession of pets, and occupancy by persons who are not named on the lease. Often the landlord must give the tenant a short period in which to correct the problem before eviction action begins.
2007-11-21 17:42:57 · answer #3 · answered by kj 2 · 0⤊ 0⤋
You have a written lease. He is not behind on his payments. You just have to wait it out. Besides, he could be in jail due to a mistake...only the courts can decide, not you.
2007-11-21 17:39:39 · answer #4 · answered by Venita Peyton 6 · 0⤊ 0⤋
Two words. Eviction notice. If he is not there to pay the bills then that is not your responsibility. You just have to make sure he receives it and signs it. You don't see PG&E or anyone else caring if he can't pay, right?
2007-11-21 17:40:46 · answer #5 · answered by savyswinginsistah 3 · 0⤊ 1⤋
Hire an attorney..we are not lawyers and the guy may be
innocent...also in your lease do you have moral clause.
2007-11-21 22:22:04 · answer #6 · answered by Anonymous · 0⤊ 0⤋