Can a landlord evict a tenant just because they go to jail for a few months if family members are continuing to pay the rent?
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Can a landlord evict a tenant just because they go to jail for a few months if family members are continuing to pay the rent?
My daughter’s father had a verbal agreement with manager of trailer park. If her father rehabbed a trailer he could get the title to the trailer he was living in. The work was done but the manager had not given him the title; he kept putting him off. I am going to file a small claims case on that matter. But a few weeks ago her father went to jail and will be in there for a few months. We told the park we would pay the lot rent for him because we didn’t want him to loose his trailer. But the manager said he was kicking him out. His girlfriend was still there but the manager just told her to get out.
Asked on July 19, 2011 under Real Estate Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Generally speaking, the imprisonment or conviction of a tenant is not enough to allow a landlord to evict, not if the rent is still paid and other terms of the lease or rental (including terms of an oral agreement) met. If there was a written lease stating that the tenant could be evicted in the event of conviction or imprisonment, that term would probably be enforceable, but that does not seem to be the case here. However, with an oral or verbal lease, the tenancy would be month to month, which means that the landlord may be able to evict on one month's notice to end tenancy and leave. That said, given what is at stake, it would be worthwhile to consult with an attorney who can evalute the situation and any agreement(s) in detail for you.
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