Can I evict someone in prison?

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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 11 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.


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