Can I evict someone in prison?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I evict someone in prison?

I have a trailer park and one of my tenants has fallen way behind on his rent. I have tried working with him to catch up but he just keeps getting further behind. He was arrested last month and will not be getting out for quite some time. His mother sent me a check for most of 1 month’s rent of $120 and the rent is $125. The mother would like to keep the rent up but not pay any of the back rent. I would like to evict and be done with it. Can I evict with him in jail? Should I cash the check his mother sent me?

Asked on August 16, 2011 North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If your tenant is jailed, obviously he will not be using one of the units he rented from you. If he cannot keep rent current, you have every right to evict him. If he is behind in rent, you should serve him with a 3 day notice to pay or quit at the jail house. If he does not come current on the rent in this time period, serve him with an unlawful detainer action in order to end the lease.

Given the unusual circumstances of your tenant, it is probably a good idea to retain a landlord tenant attorney to assist you in the process to evict the jailed tenant so that it is done correctly. You can cash the partial rental payment from the tenant's mother to cover part of his owed rent.

Good luck.


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 lock Secured with SHA-256 Encryption