As a tenant, one of the worst situations that could arise is your landlord going to jail. You depend on your landlord to maintain the property and collect rent payments, so what happens if they are incarcerated? This article will explain the key things tenants need to know if their landlord ends up behind bars.
Does my lease agreement still stand?
Yes, your lease agreement will remain valid even if your landlord goes to jail. Signing a lease legally binds both you and your landlord to the terms of the contract. This means tenants are still obligated to pay rent on time each month. Failing to pay rent could result in eviction proceedings, regardless of the landlord's incarceration status.
The lease is a legally binding document that does not just disappear because the landlord is imprisoned.
Who do I contact about property issues?
If repairs or maintenance are needed on the property, tenants should first try to contact any relatives or close associates acting on the landlord's behalf. This could include a spouse, partner, adult children or another power of attorney. Failing that, reach out to the local property management company if one is involved.
As a last resort, tenants can explain the situation to local housing authorities or a legal aid office for guidance. Adequate repairs are still required to maintain minimum habitability standards.
Will my rental property be seized?
If your landlord goes to jail, there is a chance that the government may seize their property. This is because profits from criminal activities can be taken away by the government. If this happens, you will be required to leave the premises once you receive a notice from the appropriate agencies.
Should I get legal advice?
Seeking legal counsel is advisable to understand tenant rights and responsibilities after a landlord's incarceration. A housing attorney can review the specific lease contract and advise how to handle issues like rent payments, notice of breach of contract, and possible termination. They can also assist tenants in communicating with landlord representatives or housing agencies as needed to head off any potential problems proactively.
Do I keep paying rent?
Yes, tenants are required to continue paying rent as outlined in the valid lease. If the rental account is in the landlord's name, payments can be made but held in an escrow or trustee account until further direction from associated parties. It is illegal to simply withhold rent payments due to the landlord's imprisonment alone. Doing so risks eviction like normal for non-payment of dues.
What if I can't contact relatives?
In the event the landlord has no emergency contacts listed and family cannot be reached, tenants should seek guidance from a legal aid office. Potential next steps include submitting rent payments directly to the court for approval until guardianship is established. Document all efforts made to reach out of state relatives as required by law. Housing authorities may also be able to point tenants towards landlord property receiver programs in these situations.
What are my long-term housing options?
If the jail sentence is extensive, tenants need to consider contingencies for permanent housing. Review the lease terms for early termination options if renovations, repairs or refinancing of the property become unlikely during this time. Starting to view and apply for new rentals well in advance of current lease expiration is recommended to allow stability in housing.
Conclusion
Having a landlord imprisoned can feel stressful and uncertain as a tenant. However, following the advice outlined ensures rights continue to be upheld responsibly on both sides. Seeking legal guidance, paying rent, and considering contingencies provides protection and clarity in an otherwise difficult housing situation outside one's control. With care and precaution, the negative impacts for tenants can be minimized as much as possible.
