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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37800
Experience:  16 years real estate, Realtor. Landlord 26 years
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Laws pertaining to abandonment of leased apartment because

Customer Question

Laws pertaining to abandonment of leased apartment because tennant is in jail for 2 months or more and not paying rent but girl friend is in apartment.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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If the tenant is in jail, that is not legally an abandonment if he hasn't expressed the intention of abandoning the dwelling and his girlfriend is still living there with all his stuff.

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So you have to proceed with a normal eviction after posting a 10 day pay or vacate notice on the door addressed to him, the GF, and "all unknown occupants" and then just have him served with the summons in jail. Make sure you name him personally and the girlfriend and "all unknown occupants" in case someone else has moved in.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister