Owning a rental property comes with its share of upsides and downsides, and most are centered around people. One of the downsides to being a landlord is that you are never in full control of what your tenant does on a day-to-day basis.
No landlord foresees their tenant going to jail at some point. Unfortunately, if your tenant ends up on the wrong side of the law, they might end up in jail. But can this justify a termination of the lease agreement?
Dealing with a tenant’s incarceration
As a landlord, you want to avoid troublesome tenants by all means. And this is where a good tenant screening comes in. However, even with adequate measures in place, you might still find yourself in this situation. If this happens, here are a couple of steps you need to take:
Establish that the tenant is actually in jail
First things first – be positive that your tenant is actually serving jail time. You may establish this by getting in touch with their family or contacts listed in the lease contract and confirming your findings with the court records.
Reach out to the tenant
Once it is clear that your tenant is incarcerated, you need to hear their full story. Your communication with them will determine your next course of action. Some of the things you want to establish at this stage include the circumstances surrounding their incarceration, the duration of the incarceration, whether they will continue paying rent and whether co-tenants (if any) will continue with the lease.
Once you have established the tenant’s situation, you may proceed as follows:
- Continue the lease as-is
- End the lease on grounds of non-payment of rent
- End the lease on grounds of abandonment
If your tenant is incarcerated, however, it’s not unusual to wonder what to do. Understanding your legal options can help you safeguard your rights and interests while dealing with tenant incarceration.
