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CalAttorney2
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10237
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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My tenant's brother just informed me that s brother was

Customer Question

My tenant's brother just informed me that his brother was arrested and will be incarcerated for at least two years. He went in and cleaned almost everything up and out before he called to let me know. He said his brother wouldn't be living there because of that. Is there anything I need to do?
Submitted: 9 months ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 9 months ago.

Dear Customer,

I would recommend asking your tenant's brother for your tenant's contact information (he can receive correspondence while incarcerated) so that you can send him a lease termination agreement.

You have 2 options: (1) you can simply release your tenant from liability (you may want to give 24 hours notice - a perfunctory gesture, but still do it - and ensure there is no major damage you want to deal with first), in which case you can send him a simple "early termination agreement" in which he signs away any right to the tenancy, along with a waiver of any notice. This allows you to retake possession, and then rent the unit to a new tenant, without any further issues or problems. (2) you will want written notice from him that he is terminating the lease early, then you will try to hold him liable for the remainder of the lease or until you get a new tenant in the unit. (If he is in prison for the next 2 years, you will have to decide whether or not this is going to be a judgment you are going to want to pursue - how collectible is it?).

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