Since being incarcerated is typically not something you plan for, you might have never considered what happens to your apartment if you go to prison. The answer is rather interesting and might surprise you.
The average prison sentence
According to the Bureau of Justice Statistics, the average time served by state prisoners who were released in 2016, from initial admission to their release, was 2.6 years, and the median time served was 1.3 years.
Most people who serve time behind bars return to their daily life within a few years — they’ll need to protect their belongings and preserve some semblance of financial well-being so that they can land on their feet when they get out.
What happens to your apartment if you go to prison?
Even though going to prison seems like a huge deal, the basics of your rental agreement don’t change, no matter where you are. If you sign an apartment lease, you’re expected to pay rent for the duration of that agreement.
Laws vary by location, but in many instances, nonpayment of rent leads to eviction. Anything that remains in the unit after a legal eviction can become the property of the landlord.
That means, if you don’t have enough money in the bank to cover rent throughout your incarceration, you could lose your apartment and everything inside it if you go to prison.
How to avoid losing your apartment if you go to prison
Fortunately, you have a few options to avoid losing all of your belongings if you’re in prison. The feasibility of these solutions will depend on the laws in your state.
1. Sublease your apartment
To sublease means that you find someone to complete the remaining term of your lease agreement in your place, so that the lease is neither broken nor are you responsible for paying monthly rent.
If you can find someone to sublease your apartment, they’ll be responsible for paying the rent and all the bills for the rest of your lease term. What happens to your stuff, however, will have to be decided between you and your sub-letter. If you can sublet to someone you know and trust, your best option may be to leave your belongings in place. This would be the easiest solution if you would like to return to your apartment after serving your time.
2. Attempt to break your lease
Breaking a lease is typically not easy. But in some cases, it’s possible and it may be the best thing to do.
How do you break a lease? There are no guarantees, and your landlord always has the right to say no, but you can ask. It can help if you have found a tenant to re-rent the apartment.
Even if your landlord does agree, conditions can include early-termination fees or forfeiture of the security deposit.
3. Work with your lawyer to sell your belongings
One way to keep your finances afloat should you go to prison is to sell your belongings. Obviously, you wouldn’t be able to do so directly, but your lawyer may be able to arrange the sale of some of your items.
If your lawyer can’t assist, a friend or family member that has access to your apartment can also arrange the sale of some of the things you own. Today’s technology makes it easy to sell used furniture, electronics and decorative items. There are many apps you can use to sell your stuff. Just have someone take some photographs of the items and post them for sale. You’d be surprised how easy it is to find a new home for your belongings.
4. Store your belongings
If you’re going to prison for a short stint, you may be able to store your personal belongings instead of selling them. If you have the financial means, rent a storage unit. Storage units come in a variety of sizes and prices, depending on the duration and location. Check around and see if you can find an economical space to store your things.
Or, talk to your friends and family to see if you can stash some items or “lend” them while you’re incarcerated. Give unwanted items to a local charity or non-profit organization or use websites like freecycle or craigslist.
Can you go to jail for not paying rent?
Not paying rent is a civil violation. You can’t be arrested for not paying rent, but your landlord has the right to terminate your tenancy and file an eviction lawsuit. If your landlord sues you for the unpaid rent and wins, you’ll receive a judgment ordering you to pay the outstanding balance.
Judgments can wreak havoc on your credit report, which will have a long-term impact on your credit rating. Collections can stay on your credit report for 7.5 years and cause financial problems.
If you’re having trouble and can’t pay your rent, it’s best to talk to your landlord to try to work out a delay in payments. Get the details in writing so that you don’t have legal issues and extra unexpected late charges.
Know your options and protect your legal rights
Taking steps to figure out what happens to your apartment if you go to prison can help you avoid financial ruin. Most individuals leave incarceration with limited finances to secure an apartment. Be sure to work with your correctional facility and social worker to assure appropriate housing and a smooth transition to re-entry following the completion of your sentence.
In 2015, the U.S. Department of Housing and Urban Development enacted a policy advising landlords against automatically restricting ex-cons from housing after serving time for their crimes. Reclaiming your life after a prison sentence is going to be difficult, but there are many resources to help you with the transition. Just don’t be afraid to ask for help.
