We served a 3 Day Pay or Vacate on a tenant who owes $50 for June and has not paid July. We heard later that day from another tenant that the tenant is in jail. I have confirmed that this is true, and he has no set court date and no set release date. The property owner was at the building and met someone who is not on the lease, but staying in the unit. This person said she was trying to help with rent, but nothing has come from her.
Can we evict the tenant for non-payment while he is in jail? Or has the apartment been abandoned? Can we take possession of the unit, change the locks, and get the stragglers out? Nobody except the jailed tenant is on the lease, or has ever paid rent to us.