My tenant is in jail…

[sheilawellington]

This is an interesting story for those with landlord experience or aspirations. Although we live in So Cal, we bought a foreclosed property in Georgia, fixed it up, and found a tenant. I have family in Georgia who live close by and keep an eye on things.

Well, the thing is, after a few hassle-free months, my tenant didn’t mail us his September rent check, even after a few email reminders. (We had always communicated via email). Today I got a letter in the mail, with no return address, from a woman who claims to be the tenant’s mother, explaining that her son has vacated the property, that he’s in jail, and that we can use the deposit to cover any costs. The letter also says that her son has no savings.

My impressions:
1. The letter was neatly typed, with perfect grammar, etc., and printed on a nice, clean white sheet.
2. Could this be a scam? Suppose we go in to clean, change the locks, etc., and the tenant later files a complain for illegal entering?
3. I have no intention of enforcing the year-long lease, and would be happy just to get my house back with all its contents intact.
4. I remember that the tenant had a FICO score of ~650, is in his mid twenties, and had really nice furniture when he moved in.

Any comments?

[AK]

Check with the sheriff’s department in that county and nearby jurisdictions if necessary. Arrest records and names of jail inmates are public records, and are sometimes available online. If your tenant is in jail and you have no way to contact him, you may be able to sweet-talk the D.A. and get the name of his attorney.

I’m guessing there’s a chance you’ll need to go through the whole eviction process. On the bright side, the weather in Georgia is nice at this time of year and I hear this year’s peach crop was particularly sweet due to the drought.

[scaredyclassic]

Get the lawyers name from the mom.

[sheilawellington]

Thank you for the feedback. What do I do once I have the lawyer’s name? (Assuming I can get it from the D.A. or the mom)

Do I ask the lawyer to produce a letter whereby the tenant explicitly abandons the property?

[SD Realtor]

One thing that you will eventually learn being a landlord is that sometimes it is worth your time and effort to deal with issues like this and sometimes it is not. Moving on may be the best thing. Also owning properties that far away may dictate that hiring a property manager would be worth the money.

[joec]

[quote=SD Realtor]One thing that you will eventually learn being a landlord is that sometimes it is worth your time and effort to deal with issues like this and sometimes it is not. Moving on may be the best thing. Also owning properties that far away may dictate that hiring a property manager would be worth the money.[/quote]

For something as complex as this, will a property manager even know what to do?

[svelte]

[quote=SD Realtor]One thing that you will eventually learn being a landlord is that sometimes it is worth your time and effort to deal with issues like this and sometimes it is not. Moving on may be the best thing. Also owning properties that far away may dictate that hiring a property manager would be worth the money.[/quote]

She has no option but to deal with it at this point. She gets a letter saying the tenant has vacated the property and is turning it back over, but she has to verify that before acting upon it!

Otherwise, someone could have a lot of fun sending out phony letters to the landlords of their enemies. Hmmmm….

[(former)FormerSanDiegan]

Dear svelte –

Your tenant has been imprisoned and has abandoned your property. He does have savings and is willing to pay the remainder of the lease, God willing. However, to do so he needs you to wire $100 from your bank account so that his lawyer, the Honorable Mr. Nairegin Macs can set up the monthly wire transfers. Please provide your banking information as soon as possible. Thanmks you and may the Lord Bless You.

Sincerely,

The Honorable Nairegin Macs, Esq.

[GH]

[quote=FormerSanDiegan]Dear svelte –

Your tenant has been imprisoned and has abandoned your property. He does have savings and is willing to pay the remainder of the lease, God willing. However, to do so he needs you to wire $100 from your bank account so that his lawyer, the Honorable Mr. Nairegin Macs can set up the monthly wire transfers. Please provide your banking information as soon as possible. Thanmks you and may the Lord Bless You.

Sincerely,

The Honorable Nairegin Macs, Esq.[/quote]

This sounds like a version of the Nigerian Scam.

Do NOT give your bank account or your money will disappear (ALL OF IT!!!)

[Allan from Fallbrook]

[quote=GH]
This sounds like a version of the Nigerian Scam.

Do NOT give your bank account or your money will disappear (ALL OF IT!!!)[/quote]

GH: Wait, what? The Nigerian thing is a scam? Ah, shit…

Do I have to give my honorary Colonel of the Nigerian Army uniform back, too?

[scaredyclassic]

I worked w a Nigerian guy in the 80s . I liked him. He was so loud pushy and bold w the ladies. He was fun to hang out with. I wish I had a Nigerian friend now.

[sheilawellington]

[quote=svelte][quote=SD Realtor]One thing that you will eventually learn being a landlord is that sometimes it is worth your time and effort to deal with issues like this and sometimes it is not. Moving on may be the best thing. Also owning properties that far away may dictate that hiring a property manager would be worth the money.[/quote]

She has no option but to deal with it at this point. She gets a letter saying the tenant has vacated the property and is turning it back over, but she has to verify that before acting upon it!

Otherwise, someone could have a lot of fun sending out phony letters to the landlords of their enemies. Hmmmm….[/quote]

Yes, I have to deal with it… I cannot just abandon my house. SD Realtor, what do you mean by “moving on?” (Sorry, I’m a little slow on the uptake and wanted to make sure I’m following you). I do want to move on, but I need to figure out the best way to do so.

[sheilawellington]

Update:
My sister talked to the tenant’s dad (his info was on the rent application). The dad confirmed that his son is in jail, that mom & dad have removed most of the tenant’s belongings, and that they have left the key under the mat.

(1) The fact that the key was returned is a good sign, I think. It means that the tenant has moved out and now it’s OK for me to go in, clean up, and change the locks. Right?

(2) BUT, it still worries me a little that we didn’t receive the keys from the tenant (who is in jail), but from his dad.

(3) The dad said that he couldn’t remove a couple of furniture pieces and an old TV. He said that I’m free to give them to charity. Still, this worries me b/c it means that the tenant is not 100% out of the house.

My sister will be talking to a real estate lawyer today. Thank you all for the feedback. I had a big laugh with that Nigerian scam post!

[(former)FormerSanDiegan]

[quote=GH][quote=FormerSanDiegan]Dear svelte –

Your tenant has been imprisoned and has abandoned your property. He does have savings and is willing to pay the remainder of the lease, God willing. However, to do so he needs you to wire $100 from your bank account so that his lawyer, the Honorable Mr. Nairegin Macs can set up the monthly wire transfers. Please provide your banking information as soon as possible. Thanmks you and may the Lord Bless You.

Sincerely,

The Honorable Nairegin Macs, Esq.[/quote]

This sounds like a version of the Nigerian Scam.

Do NOT give your bank account or your money will disappear (ALL OF IT!!!)[/quote]

Great Advice!
Especially since The dude’s name “Nairegin Macs” is Nigerian Scam spelled backwards.

P.S. – Perhaps we should use some special smiley face logo here to denote satire 😮

[njtosd]

[quote=sheilawellington]Update:
My sister talked to the tenant’s dad (his info was on the rent application). The dad confirmed that his son is in jail, that mom & dad have removed most of the tenant’s belongings, and that they have left the key under the mat.

(1) The fact that the key was returned is a good sign, I think. It means that the tenant has moved out and now it’s OK for me to go in, clean up, and change the locks. Right?

(2) BUT, it still worries me a little that we didn’t receive the keys from the tenant (who is in jail), but from his dad.

(3) The dad said that he couldn’t remove a couple of furniture pieces and an old TV. He said that I’m free to give them to charity. Still, this worries me b/c it means that the tenant is not 100% out of the house.

My sister will be talking to a real estate lawyer today. Thank you all for the feedback. I had a big laugh with that Nigerian scam post![/quote]

I think the real estate attorney idea is a good one. Consider the following:

Your contract is with the son. Unless he has given a power of attorney to his parents that you can rely on, they are not legally capable of speaking on behalf of the tenant, any more than any other person would be. What would you have done if it were the tenant’s best friend telling you this stuff? Would you have let him/her take furniture or belongings out without telling the police? You certainly wouldn’t take any of the stuff yourself. Since you are aware that they are removing things from his apartment and you don’t have any direct evidence from him that it is with his permission, you may have some duty to contact the authorities. Family relationships are odd things – and you don’t want to get in the middle.

If I were you, I wouldn’t move/take or touch a shred of the furniture. I would go through the standard eviction procedure, which should be rather straightforward since there doesn’t seem to be anyone in the apartment.

I’m not a real estate attorney. I’m curious to hear what yours has to say.

[Author]

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