can you give30 day notice if incarcerated??

[Stelllaa]

I have avery good freind that unfortunatly was incarcerated around Jan 10, 2001, and I was at herhouse the following week,and her landlord came over and gave me a 30-day notice to give to her, well she is in jail, and I was wondering if you can leagally evict someone if they are in jail???



Please inquire soon!!!!!


Jodi Peltier

[email protected]

 

[djdj]

NO she cannot evict someone that is in Jail...that is ILLEGAL!

And if she does try, the person must be served personally IN JAIL!, so that 30 day notice is not valid.

tell the landlord she has to serve the tenant in jail.

believe it or not...as long as the person pays the rent, they cannot be evicted....

Anyway, the landlord must go thru proper procedurdes anyway, and a judge would want to know when they are getting out of jail, has any family members been notified, so maybe they will move the belongings...

And then the incarserated person will have to make a statement, and if they have no family, no money or it is a long time before they are released, then some arrangement will be made with a marsahll or sherriff, to have the stuff put in storage, and the landlord will probably have to pay for it and then sue the convict for the return of the money spent.

If the landlord throws her stuff in the street, or tries to eveict her WITHOUT teling the judge she is in jail... the convict can sue the landlord for the damage to the proprerty.

so how long is she in for?

[Edited by djdj on 02-06-2001 at 09:39 AM]