Well, I have not been here for a long time except to read posts as I have been selling two properties a year, and I am down to two duplexes. Duplexes are selling fast for equivalent of 8-10 years income which is fine for me as I am retired.

Now both duplexes have an open unit. One had a great tenant for 5 years, then she left without notice, failed to return keys, and left several dumpsters of trash. Amazing how people forget they have a lease at the end.

Now the other duplex has an open unit. Tenant was arrested at end of March for sex offense. He is likely going to prison for a long time and has a massive bond. I have not heard from his emergency contacts yet. I have posted unit as vacant(inside storm where people cannot see easily). I hate to go through eviction, but know that is likely safest route. Thought I might box up his belongings and store for him after letting family(father and sister) know I am holding for him. Then leave large furniture and then sell house as a furnished unit. He was very tidy. It is likely that unit will sell after 90 days anyway. His trial is on 4/8 and I was going to wait and see what happens and will likely attend trial.

What would you do?

I had someone arrested a while back.

Here is what I would do:

Contact the Emergency contacts - who have tenant's previous permission to deal with me and clear his stuff. ("If for any reason Tenant cannot be reached, or is non-responsive to management calls or notices, such as in the case of an emergency, incapacitation, incarceration, hospitalization, abandonment, or death Tenant designates the following persons as approved to receive mail, notices, phone calls, texts, messages, deliveries, etc. from Landlord for Tenant. Tenant authorizes this person to remove their personal items, and to act on their behalf with Landlord. Each person listed as an Emergency Contact has 100% authority to receive legal notices on behalf of Tenant.")

If they clean it out and return possession to me, fine.

If not, evict or document & treat it as abandoned - which ever is fastest / easiest for Landlord.

That's it. No handling or storing of tenant's stuff (what if he gets out and says great-aunt Bonnie's $5K ring that he inherited has gone missing?)

Lana,

Is he IN jail now, awaiting trial? or posted bond and needs a place to stay because he paid rent? You can call the sheriff to inquire.

He is not an SO until his trial, which could be months away.

The Sheriff can serve eviction summons to him in the jail. He can attend the eviction hearing by video or in person, depending on the judge and their systems.

You cannot change the locks and toss out his stuff just because he is in jail, esp when his rent is paid thru the month.

Me? This is what I have done in the past on visiting hours... If he is in jail type up a simple letter for him to sign at the jail allowing you (or __________) to remove his belongings and vehicles, and releasing him from the lease.

Take that to the jail and wait while they give it to him.

The jailers, police, and other inmates treat SOs worse than murderers. To gain his cooperation be the ONLY person who treats him with respect. "Joe, This is a bad situation but I can help him with your stuff in your apartment."

Good luck!

Lana,

Careful...it's not up to his sister unless you have his permission IN WRITING.

To all, the purpose of getting emergency contacts is shown in this question, tenant has moved to unstable mode, and the poster wants to sell or rent her/his belongings - the owner only ha rights to recovery of unit rented under contract. when the rent is not forthcoming do you visit the trees on the property in hopes of finding a money tree previously unknown? I have been working on family farms most all my 60plus years - always wanted but never found a money tree, better to have a contract awarded by local court in your favor to collect with, try asking random people crossing the main street in your town for money - you will get a lot of smiles, some giggles and possibly a punch in the mouth.

He is in jail now, no job, heavy bond but is paid up for the month?

I don't see how you can evict him just now. Innocent until proven guilty and all that. He could drag this out thru the courts for a very long time.

If he is MTM, non-renew him. You don't need a reason in Indiana (unless a local law changed that). Then when he doesn't move or pay start the eviction. His stuff is still his stuff unless the courts say otherwise. That will only be after the eviction process is completed.

Brad nailed it (again) that maybe you could get him to sign off on it all while he is in jail. My lease states that the emergency contacts have the power to act for the tenant but I have never tested that in court.

I think you are on this issue. So many others would let something like this slide in hopes it will get better.

Lana, you have the info you need then.

Eviction will take 30 days. Get with the emergency contacts and see if you can con them into moving stuff as long as your lease already stated that was an option.

If not then just file and wait. Go to court and explain what is going on to the judge. Maybe he will allow you to move forward faster. Otherwise just sit back and wait until you are allowed access. For me it is 30 days from when filed.

Then have people ready to haul stuff away. I have gotten in touch with the local Mission and they send a crew over to grab anything they think they can sell or donate. I never sell anything myself as I don't want the hassle. If more junk than good I have a scrap guy that will do the clean out relatively cheap. Well I used to have him, I need to find another before I need to have another.

two things - if he was arrested the end of March, I cannot imagine in any circumstance he has a trial this coming Monday...probably some type preliminary hearing or bond hearing. Every state is different but here, it would take months and months, and that is if no postponements are requested, by either side.