Submitted by GregAndrews on Wed, 01/06/2010 - 12:22
My tenant has been arrested and will be incarcerated for the next 5 years.
He left behind personal property. What are my rights and responsibilites as a landlord?
I have read your other answers regarding abandoned property. What can I do in this situation? Tenant did remove some property and his parents entered property and took some of tenants property also prior to arrest. He owes several months rent also.
Can I dispose of remaining property? If I need to evict and store his personal property, how do I serve Notice if tenant is in jail?
Thank you very much!
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Editor's Response
I take a ridiculously conservative approach to this issue, simply because (if I were a landlord) I would not want any exposure to claims that I violated the law. I would follow the eviction process for non-payment of rent, get a default judgment, and then have the property removed by a constable pursuant to MA General Laws Chapter 239, Section 4. If you are feeling lucky, you can take a more 'direct' approach. I, however, don't like loose ends. Good luck. For more information or to post a question, visit our Massachusetts Landlord Law Discussion Forum.
Follow up
If we are able to make contact wih Tenant in Prison, is it permissible/valid for him to sign an agreement that states the Landlord will waive the 3 months of rent he didn't pay and in return he signs a statement that allows Landlord to dispose of his property?
Landlord has a good relationship with tenant. If Landlord can get this type of written permission from Tenant, would this work?
Thank you again!
Editor's Response
Sure. In any situation, if the landlord and tenant can enter a good faith, written agreement wherein the tenant waives his rights to the unit or his personal property in exchange for some benefit, that should work. Obviously, if possible, that approach will save you a lot of time, money and aggravation. Good luck.