Today I sent a text to my only tenant who did not pay November rent. Two hours later, I get a return text from someone who has my tenant's cell phone and this person is texting me saying my tenant is in jail in Indiana. This strange person says he or she will have my tenants stuff moved out of the house in a few days. My return text was, "Who are you"?

I can't make this stuff up. This is just too bizarre.

Set up a time to meet them there

and bring some moving boxes and / or large trash bags.

Hi Roy, yeah I think I'd first verify he is in jail, what for, and who is in the house or is allowed access. If he is in jail and cooperative send him or his lawyer a short agreement to move out and they designate XX as the local authorized person. Get ID's.

I would NOT help in the moving, you don't want a situation afterwards where you could be accused of anything. If someone else gains entry and takes all his stuff that is between him and the police and the other party. Stay away from that morass.

LTD,

I went to the house to post the 7-day P/Q notice. A woman answered the door and she told me she was my tenant's mother. She is the one that texted me earlier but did not identify herself. She told me her son (my tenant) was picked up locally on an outstanding warrant that was issued in Indiana 3 years ago. She also told me she was moving her son's stuff out and should have it out by Friday. I told her I would need her to sign a release form on that very day.

Thanks Zero!

I plugged my tenant's name into that Indiana court case register and I now know why he is in jail.

As the owner of a Corvette I can certainly understand the high speed chase part. I mean why have a speedometer that goes to 220 mph if you can't at least try?

But unfortunately you can't outrun spike strips, or a warrant...

It's cookie cutter answer.

Tenants name on Dispo (asap) include OR TENANT IN POSSESSION. to cover mommy and others free loading.

+100 points to RB's answer.

Nothing different than a normal "no pay" case. So take the normal no pay steps. Post notice, file, go to court, execute writ of possession, and clean out on curb day.

The crazy of this situation is just for story time around the bar over beers. Don't let it affect your decisions or processes in any way, shape, or form.

Commendable that the mom and stepping up, but you have zero leverage that she is going to follow through.

I am curious what "release" you were going to have the Mom sign? She likely has no legal standing to sign anything related to the unit.

That being said, I'd actually let her get things out. I'd give her until Friday and not butt in at all since, again, she has no legal standing. If she wasn't out, then I'd file normal eviction on Monday. I can gamble on 6 days to make this easier for me.

Note that, in Michigan, we have a really good "assumed abandoned" law. So, in this case, since the person is behind on rent, I don't actually have to go through the normal process. I can just post a notice on the door stating that the rent has not been paid and I have a reasonable belief that the unit has been abandoned and for someone to contact me within X days (I usually give them a week -- the law does not specify) if it has NOT been abandoned or that I will re-take possession on DATE.

The guy in jail can't respond, so the unit is now mine again without having to go through the normal/long process.

This is especially easy if the unit has been at least mostly emptied -- which is why I'm letting the mother do that for a few days. Again, saves me a lot of time if she even starts to empty the place.

Wow that is nice on your abandonment. I believe we still have to go thru eviction, but I guess I am not completely sure on that.

Adding to my list of things to research.

I agree to follow normal procedure.

That means I would have already filed the Unlawful Detainer, since this is the 7th.

It actually would have been better if she had not told you in writing that she is taking his stuff - now if he complains, you can be seen as culpable. You "let" someone else take his valuable stuff.

I also would go the abandonment route here.

When I had this happen is when I ADDED TO the RENTAL AGREEMENT a section where the tenant designates a person (as many as possible) to be authorized to take care of business with me on their behalf & remove their stuff - if they become incapacitated, incarcerated, or institutionalized.

Here is my take on the situation. Down here the 7-Day P/Q notice is required to be posted on the door, which I did yesterday and met the mother at the same time. The P/Q notice gives the tenant a choice: either pay rent within 7-days OR Vacate the Premises within 7 days. That vacate option is what the mother claims she is doing right now. She has her son's cell phone and a key to the house in her possession, even though she is not on the MTM lease.

From talking with the mother, I can tell she is very concerned about what happens next to her son. I will have to assume she was given permission by her son to move his personal belongings out of the house and into a rented storage shed.

I told the mother that if she can get everything out of the house by Friday, that I would not file the eviction papers on the following Monday as I was planning to. In addition, I told her to I would need her to sign a release form (affidavit) stating that she had removed her son's stuff on her own free will and NOT ME.

Oh, month-to-month.

Then, in addition to the other things above, I would also give a notice of non-renewal today (just in case)

You are willing to give another week for free (in case she doesn't get it done)

If that's OK with you, OK - it's your money.

DJ,

I am confused by your reply. What do you mean I am giving another week for free? My rents are due on the 1st and if not paid by the 5th day with late fees added, then a 7-day P/Q notice is required to be posted on the tenants door on the 6th day. That is what happened yesterday.

Next Monday, if I chose to proceed with the eviction, I will file the actual eviction papers (Unlawful Detainer) where I pay court costs of $249.00. At this point, the sheriff serves the papers on the tenant. If the tenant does not respond, then I pay an additional $50.00 and file for a Default Judgment. If the default judgment is ignored by the tenant, then the judge signs off on a Writ of Possession which is the holy grail of any eviction. Again, this entire legal process usually takes about 3 weeks here, unless the tenant responds and wants to have their day in court. That usually adds an additional two weeks for a total of 5 weeks.

Sorry - I misunderstood.

Does it make any difference in the eviction process if the tenant is in jail and you know where?

6x6,

I don't think it makes any difference if the tenant is in jail or sitting on a beach in Hawaii. Non-payment of rent is the only issue here and that is what the Unlawful Detainer form will say.

Ken,

I would not start an eviction case, even though being strictly technical that is the thing to do. First of all, I would give the guy a break by not saddling him with the eviction record. Despite being locked up he was concerned for you, his LL, and arranged to have his mom clear out his stuff. He could have just "let it ride." I would try to talk to him directly to confirm that mom has the right to remove his stuff, or have him send a letter to me to that effect.

Here's hoping she removes everything and maybe even cleans a little.

Hey, it could happen. Not likely but it could.

Either way the place gets back in the hands of the owner so it can be cleaned (if needed) and rented back out asap.

Sounds like it worked out for the best. Well the best it could under these circumstances.

Zero,

Pat,

The mother did not want to meet with me and sign my release form. However, she sent me a text saying everything was out and the door keys were in the mailbox. I got the keys out, went in and noticed the tenant's refrigerator is still in the kitchen. I will assume that frig. is mine now. Overall the house was basically clean and ready to rent to again. I will still have to call for a city inspection and that could take another week.

Zero,

I just meant the slim chance the ex-tenant says he didn't get his fridge back.

All in all the whole scenario played out as well for you as could be expected. Got rid of (most of) his stuff without having to pay or do it yourself. Ready for the next tenant.