Who do I pay my rent to if the legal owner is incarcerated?

UPDATED: Jan 11, 2012

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Who do I pay my rent to if the legal owner is incarcerated?

Yesterday my landlord tried to evict us. The case was thrown out do to the fact that she does not own the home, her son does. Her son is currently incarcerated (for another 10 years). Should I contact him regarding this matter? Yesterday she said I owed her for last month’s rent which I do not. In the message she left she said the fight was over and she just wanted her rent money. The thing is I don’t trust her. The other day before court she said that she had an attorney and she was going to take everything we have and garnish my husband’s wages. This money is in a separate security account.

Asked on January 11, 2012 under Real Estate Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the landlord is incarcerated, you need to contact him for written instructions as to whom you are to pay rent to if the mother does not have a proper power of attorney to collect the rent for the son. Keep a copy of the letter sent to the landlord for future need and reference.

If the mother has a power of attorney signed by the son allowing her to collect the rents for him, then you are to pay her the rents. Make sure you get some form of a written receipt in the event rents are paid to the mother.

In the interim, have rent checks made out and dated but hold off making payments until there is some power of attorney given to the mother by the son or the son advised you what to do. Make sure all rent payments by checks are made out to the son, not the mother.


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