When a Tenant Is Arrested: Rights, Risks and Next Steps

Answer

Short overview: An arrest does not automatically end a lease. What happens next depends on the lease terms, the nature of the alleged offense, local landlord-tenant and criminal statutes, and whether the tenant abandons the unit or a court orders eviction.

Generally landlords should treat an arrest as a factual event to document, not a trigger for self-help eviction. If the arrested tenant remains on the lease, rent obligations continue until the lease ends or a court terminates it. If the offense involves illegal drug activity, violent crime, or serious nuisance, many leases include an illegal-activity clause that allows landlords to begin eviction proceedings. Even then, landlords must follow the formal eviction process — serve required notices and obtain a court order if the tenant refuses to leave.

Practical steps for landlords and property managers:

• Document: get a police report number, record dates/times, take photos if there’s damage, and save written communications.
• Secure the unit: if the tenant has clearly abandoned the property, consider changing locks per local rules and inventorying left items; avoid changing locks if the tenant still legally occupies the unit.
• Follow the lease and law: serve written notices and use court eviction when necessary; do not use self-help (lockouts, removal of belongings) — that is illegal in most states.
• Coordinate with law enforcement: allow police access for their investigation when lawful, but don’t act as their agent.

What tenants or their representatives should do:

• Notify the landlord or property manager of arrest status and an authorized contact who can handle rent or retrieve belongings.
• Continue paying rent or arrange payments to avoid default-based eviction.
• Request a copy of any notices and keep records of communications and payments.

Special situations — subsidized housing, lease-by-room, and local tenant-protection ordinances — can impose different rules, including mandatory notices, relocation assistance, or limits on eviction for certain arrests. Because rules and remedies vary widely by state and city, it’s advisable to consult a licensed attorney or local housing agency to confirm rights, proper notice periods and lawful procedures before taking or responding to action.