Tenant Release: Fill & Download for Free

A property I was looking at buying about ten years ago actually had this happen. It's an ugly reality.The tenant that was hospitalized (and evicted) apparently had no family to turn to to handle matters like paying bills and rent. And this tenant had a longer term hospitalization; even with a slow moving eviction process the eviction was completed prior to the tenant's release from the hospital. The tenant's stuff was still in the rental unit, since there is state law that requires that a tenant's abandoned personal property must be handled in specific ways, with storage of it required to a certain extent.The stuff still being in the unit during the showing, with a padlock on the door to that unit, not the stuff a landlord wants to see and deal with.But as a landlord you have a few choices. I would start with the tenant's emergency contacts; as a landlord, you should have such a list for each and every tenant. Hopefully, the tenant's emergency contacts are aware of the situation and have been instructed to act in some way. Maybe they pay the rent, maybe they were told to get a mover to put stuff into storage.And if the tenant's emergency contacts aren't able to act, then you face the potential of long term non-payment of rent. A tenant with the means to pay will instruct their emergency contacts to do so. So we're talking now about the tenant who needs that next paycheck to pay the rent. How big of a paycheck is the tenant earning while being hospitalized? How's that going to pay the rent? With the tenant behind on rent, how realistic is it for them to get all caught up on rent while hospitalized? Or even after release, if unable to immediately resume working?Eviction is almost always a last resort for a landlord. Sometimes circumstances are such that there is no really good alternative, and the landlord has to be prepared to evict when the only options all look like the landlord will continue to lose rental income. Yes, evict when you have tried all options that will get you paid.EDIT: below is a link to a story of a tenant who was hospitalized for a number of months:July Walters's answer to What is the most savage revenge you have gotten on someone who wronged you or someone you care about?

This was YEARS ago - I had been practicing law 5 or 6 years and had a landlord client who was a sleaze - he tried the WRONG WAY to evict a tenant who hadn’t paid rent*. He violated the landlord-tenant act in multiple ways - shutting off power to the tenant’s apartment, removing the lock to her door, and so forth. Tenant goes to legal aid - they get involved and get a court order requiring landlord put the lock back on and turn on the electricity. Brilliant Client ignores it.I have always gotten along well with legal aid - we are honest and professional with each other (disclosure: I’m now on the board of directors, and my wife is an attorney with a different legal aid). Legal aid offered to settle the case for $500.00 - I strongly urged my client to accept it and be done. I told him that for me to try the case I’d charge AT LEAST that much for the trial court appearance. Client thinks - wrongly - that all legal aid wants is $500, and I’m going to charge $500, then he would represent himself and at worst be out the same amount.WRONG WRONG WRONG!He tells me he doesn’t want me to represent him any more; I draw up the motion to withdraw and order permitting me to withdraw (once an ‘appearance’ is made in a case, the lawyer is stuck until the court releases him). Legal aid lawyer and I discuss my withdrawal in chambers with the judge; I ask the judge to make sure, on the record, that the client understands the risks of not having a lawyer. The judge does so, the client endorses the order releasing me from the case and the judge enters it. I fly out of the courtroom.At lunch that day the judge came into the same restaurant I was having lunch. I asked “Well, what happened?”. The judge said “I entered judgement against (landlord) for Five Thousand Dollars.”Karma, anyone?* PS - As part of my representation I filed eviction against the tenant the “correct way” Neither the tenant or legal aid showed up at the hearing. Later I asked the legal aid lawyer why no one was there, he said “You did it right and there was no defense; we aren’t going to waste our time on something we can’t win”

Even better. I had been stressing over my good tenant releasing or buying my property and all the what if’s, ands and buts.I had work to do in coming up with plan A and Plan B.I knew my price was going to be a shock but I also knew he knew he had found a gold mine location. Mine.One needs to be prepared for any scenario and never be surprised and have a lack of answers to achieve the primary goal.Although it took me walking away with confidence but yet kindness, I was called the next day to meet with them at my hotel where we finalized the deal,Selling real estate is more than a price and a contract. You first need to sell yourself to gain the trust in going forward.