My husband is incarcerated and signed a rental agreement for $300 a month. The person whom he agreed to rent to has not paid nothing since this agreement was signed 6 months ago. The property is in my husband's name. My question is since we are legally married and my husband is in jail can I evict the person staying there?
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The short answer is yes, however, the wording of the rental agreement the renter signed is important and may complicate what appears on the surface to be a simple eviction. There should be a Legal Aid Society in your city or a larger city near you. You can make an appointment to discuss your landlord/tenant issue with an attorney. Unfortunately, they are probably very busy and an appointment may be a long way in the future.
Also, now that we have the internet, there are, of course, new legal services available on the net. I have no experience with these services but you can consider calling or setting up an internet legal discussion of your landlord/tenant issue. Some offer an initial free call or internet chat, others charge for the service. Try an online search for "legal advice" and many services will pop up.
Go to any store like Staples and there are legal forms. Have your husband sign power of attorney to you and it is all you need to start eviction. In prison they have someone who can notarize it. This form allows you to act on your husband's behalf. You can get a complete step by step forms for an eviction on line. The forms are very fairly priced. I found a complete pkg for $15.00 on line.
PLEASE READ THE FORMS BEFORE you start to fill in or make copies.
First print out a "Five Day Notice" from surfing the web. Fill it out then post it on the door to the apartment & mail one to them by registered mail as well. Keep in mind that you will have to prove to the Judge that you actually served the tenant this notice. Without this important step once you get to court the judge will make you start all over again with the 5 Day notice. That could delay your case by 2 months or more.
If that doesn't work go buy the eviction kit online. Good Luck.
The best way to prove you posted the five day notice is to tape it to the door so you can see the address. Have someone stand along side it with the newspaper from that day and take several photos so you can see the notice, newspaper with the date and the property address and unit number if applicable!
The best way to prove you posted the five day notice is to tape it to the door so you can see the address. Have someone stand along side it with the newspaper from that day and take several photos so you can see the notice, newspaper with the date and the property address and unit number if applicable! That is great proof!
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