Tenant recently incarcerated, now what? How do I start eviction process?
I’m buying a smaller sized retail center with 4 tenants. One of the tenants was recently throw in jail during our closing period.  Should I ask the seller to handle the eviction or at least start the process? Or should I just go ahead and close (3 weeks from now) and handle myself?  Property is located in AL. The plan was to increase rents across the board and the re-tenant anyway.
[{"id": "itoxeci", "text": "Ask the seller if possible.", "replies": [], "depth": 1}, {"id": "itozqx2", "text": "This is a red flag.", "replies": [{"id": "itpxw56", "text": "Without any other info how is this a red flag lol.\n\nDude could be in jail for embezzlement or child support payments for all you know. What would this have to do with property besides the headache of eviction", "replies": [{"id": "itqp5ou", "text": "That means the tenant does not have money to pay to landlord", "replies": [], "depth": 3}], "depth": 2}, {"id": "itrvqq9", "text": "&gt;The plan was to increase rents across the board and the re-tenant anyway\n\nDid you miss the part where he was going to retenant anyway? lol", "replies": [{"id": "itt1qg4", "text": "Exactly. He was paying a third of market rent. I\u2019d rather him just pack up and leave but now he can\u2019t if he\u2019s in jail. Does a sheriff come in and move all of his items to the street?  I know it\u2019s likely all a legal question but was curious if anyone experienced it before.", "replies": [{"id": "itt2wi8", "text": "I don\u2019t know much about AL law (nothing tbh).  California has abandonment laws that allow you to retake possession without going to court if you reasonably believe the tenant abandoned the premises. Not sure if your state has the same. Def talk to a lawyer.", "replies": [], "depth": 4}], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "itp7r37", "text": "What\u2019s he charged with?", "replies": [], "depth": 1}, {"id": "itpu36g", "text": "This is a question for your attorney. The eviction process will take longer than 3 weeks. The seller is not going to continue the legal process after they sell. What happens at that time? Do you need to restart it? Just get your attorney ready to start this eviction once you close on the property. I guess you could try and ask for money back at closing but I try to avoid re-trading unless it is really necessary.", "replies": [], "depth": 1}, {"id": "itq0l62", "text": "You don't have to go thru an eviction to end a lease.  Have the owner contact the tenant, tenant's lawyer to relinquish the lease.  That could be quick and painless.  A cash for keys solution might grease the wheel at the owners expense", "replies": [], "depth": 1}, {"id": "itqf02a", "text": "Your plan should be irrelevant. You are paying for a fully leased property. I would re-negotiate on those terms, and/or get some guarantees that space will be vacant and any termination fee\u2019s be placed in escrow", "replies": [], "depth": 1}, {"id": "itt0d1m", "text": "If the business is still paying rent why would it matter? Are there no other representatives of the business to handle day to day operations?\n\nCould ask for a credit from the seller where they get paid back as the business pays the rent.", "replies": [{"id": "itt1g63", "text": "He\u2019s a one man show at his shop. Pretty sure he was slinging drugs and his shop was a cover.  The property is in a great location that is transitioning and progressing. I do not care about his rent payment, I just don\u2019t want to be stuck with his space filled with all his \u201cproduct\u201d and have to figure out how to have it all removed so I can get a new tenant in.  I had planned on him not liking the new terms but was hoping he would just leave. Now I\u2019m unsure how long it will take.  Maybe he\u2019ll be released on bail or something and he can grab all of his stuff.", "replies": [], "depth": 2}], "depth": 1}]