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BossTricky

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Posts: 3
Reply with quote  #1 
My first tenant issue (knock on wood) and looking for advice.  My tenant's lease was up in October and I was happy to have her stay on a month to month agreement requiring 30 day notice of her leaving.  She has stayed current with rent but today I found out that she had been arrested and in in jail and likely not to be released for at least 4-6 months.  Aside from the obvious not expecting January's rent paid, what do I have to know about giving her notice and what to do with her personal property?  Thanks in advance.
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Michael
AccidentalRental

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Posts: 169
Reply with quote  #2 
Depends on your state.  Where is the rental?

Regardless, you need to wait for an actual violation (e.g., not paying rent in January) before you can serve notice.  How long you need to wait depends on your jurisdiction.

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BossTricky

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Posts: 3
Reply with quote  #3 
Thanks for the feedback.  I am in South Carolina.  Am i correct if serve her 30 day notice now before the end of the month she is still technically responsible for January rent, and then once that rent is past due then I can act?  


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Michael
LLinVA

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Posts: 503
Reply with quote  #4 
That sounds right since you are month-to-month. Just don't mention being in jail in the notice to end the lease, just say you are ending the lease.
BossTricky

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Posts: 3
Reply with quote  #5 
Out of curiosity why not mention the jail part?  I'll have to notify her while she is in jail.
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Michael
AccidentalRental

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Posts: 169
Reply with quote  #6 
I'm not sure what you would do with the property in this case.  Personally, I would try to notify a relative and ask them to come pick it up.  According to Landlordology you can dispose of it if it's worth less than $500 if they abandon the unit.  I'm not sure this qualifies as abandonment and she probably has much more than $500 worth of stuff. 

Speak to a local attorney if you can't find a relative to take their stuff. 

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LLinVA

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Posts: 503
Reply with quote  #7 
Don't mention it because it really isn't relevant. The REASON someone doesn't pay doesn't matter, the fact that they don't pay is the only thing that matters. Alternatively, if some relative decides to pay her rent for her until she's out, she will not have violated the lease and is therefore still entitled to keep it. If someone else was living with her and paid, the lease wouldn't be violated. 

I also try to avoid mentioning anything that isn't simple and to the point legally so that there is no chance of allegations of discrimination. The lease says X, she didn't comply, move forward with an eviction.
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