If a tenant is arrested and released on bail, do you have to get a legal eviction so that they can’t move back in?

Get Legal Help Today

 Secured with SHA-256 Encryption

If a tenant is arrested and released on bail, do you have to get a legal eviction so that they can’t move back in?

Asked on August 18, 2011 Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes--an arrest does *not* deprive a tenant of his or her right to possession of his or her rental premises.

Furthermore, you *can't* evict a tenant just because they were arrested. You need some valid grounds--nonpayment of rent; habitual late payment of rent; violating a lease term which specifically makes criminal activity grounds for eviction; assault on the landlord or deliberate destruction of or damage to the landlord's property; etc. Without some ground to terminate the tenancy, you can't evict a tenant and, as noted, arrest by itself will not provide that grounds. It is very possible, if the tenant is still paying his or her rent and if there was no attack on the landlord's person or property, that the tenant may continue his or her tenancy.


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