Can a landlord evict a tenant just because they go to jail for a few months if family members are continuing to pay the rent?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a landlord evict a tenant just because they go to jail for a few months if family members are continuing to pay the rent?

My daughter’s father had a verbal agreement with manager of trailer park. If her father rehabbed a trailer he could get the title to the trailer he was living in. The work was done but the manager had not given him the title; he kept putting him off. I am going to file a small claims case on that matter. But a few weeks ago her father went to jail and will be in there for a few months. We told the park we would pay the lot rent for him because we didn’t want him to loose his trailer. But the manager said he was kicking him out. His girlfriend was still there but the manager just told her to get out.

Asked on July 19, 2011 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Generally speaking, the imprisonment or conviction of a tenant is not enough to allow a landlord to evict, not if the rent is still paid and other terms of the lease or rental (including terms of an oral agreement) met. If there was a written lease stating that the tenant could be evicted in the event of conviction or imprisonment, that term would probably be enforceable, but that does not seem to be the case here. However, with an oral or verbal lease, the tenancy would be month to month, which means that the landlord may be able to evict on one month's notice to end tenancy and leave. That said, given what is at stake, it would be worthwhile to consult with an attorney who can evalute the situation and any agreement(s) in detail for you.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption