Eviction - walkthrough (by Don H [MO]) Jul 15, 2018 12:27 PM
Eviction - walkthrough (by Vee [OH]) Jul 15, 2018 1:33 PM
Eviction - walkthrough (by Jen Z. [CT]) Jul 15, 2018 4:00 PM
Eviction - walkthrough (by Jen Z. [CT]) Jul 15, 2018 4:00 PM
Eviction - walkthrough (by plenty [MO]) Jul 15, 2018 4:10 PM
Eviction - walkthrough (by plenty [MO]) Jul 15, 2018 4:13 PM
Eviction - walkthrough (by Dave [MO]) Jul 15, 2018 6:18 PM
Eviction - walkthrough (by Mike SWMO [MO]) Jul 15, 2018 7:47 PM
Eviction - walkthrough (by Don H [MO]) Jul 15, 2018 8:45 PM
Eviction - walkthrough (by Robert J [CA]) Jul 16, 2018 7:52 AM
Eviction - walkthrough (by plenty [MO]) Jul 17, 2018 9:06 AM
Eviction - walkthrough (by Don H [MO]) Posted on: Jul 15, 2018 12:27 PM Message:
Eviction underway for failure to pay rent. Tenant runs, leaves keys and junk. No forwarding address. I have changed the locks. Do I legally have to offer a walk through for the security deposit(sent to the last known address(mine))?
Eviction won;t be finalized in court until more than 30 days after tenant left. I have taken pictures of the damages. I assume I can begin prepping the house for the next tenant after the eviction tenant has vacated. --162.229.xx.xxx |
Eviction - walkthrough (by Vee [OH]) Posted on: Jul 15, 2018 1:33 PM Message:
You can begin prepping now that you have keys, some folks have jumped into the lock change and lost a lot in court when tenant shows up to judge with the lockout story, I would just push whatever into the middle of the room and get the repairs started - take photos to match estimates in court for the security accounting statement. --76.188.xxx.xx |
Eviction - walkthrough (by Jen Z. [CT]) Posted on: Jul 15, 2018 4:00 PM Message:
I'm not familiar with MO law, but why do you have to go through an eviction if he abandoned the property. I did googled MO abandoned property and it seems like it might be a better route and certainly a CYA and then just go through civil small claims for damages.
http://www.thurmanlaw.com/uncategorized/a-tenants-abandoned-property-what-are-my-rights-as-a-landlord/
A Landlord may wish and have a means to protect itself from the risk of liability in some circumstances. Under Missouri law, the rental premises, and the personal property left on it, is deemed abandoned if each of the following four (4) requirements are satisfied.
(1.) Landlord reasonably believes the Tenant has vacated the premises and does not intend to return. Did Tenant notify the Landlord that Tenant was leaving town for a brief period? Did Tenant tell neighbors that Tenant was leaving town for a short time? Have the utility services been terminated by the utility provider? Landlord must perform a reasonable investigation, should document everything, and must remember that any court later looking at the matter will have the benefit of 20/20 hindsight.
(2.) The Tenant has failed to pay rent for thirty (30) days or more. Landlord’s records should be complete, reflecting all rent that has accrued and each payment received by date and amount.
(3.) The Landlord posts and mails to the Tenant, in the manner required, a notice in the proper form notifying the Tenant of #1 and #2 above, and further notifying the Tenant that unless within ten (10) days the Tenant pays the rent due or responds that the Tenant has not abandoned the rental premises that the Landlord will declare the rental premises and the personal property abandoned and will remove and dispose of the personal property. A notice that is not in the proper form, or not posted and delivered properly, will likely be determined to not satisfy this requirement.
(4.) The Tenant fails to pay rent or respond within ten (10) days after the proper posting and mailing of the notice.
If all of the requirements are fully satisfied, Landlord may remove and dispose of the personal property without liability to Tenant. This statute provides no protection, however, from a claim of third parties, such as a parent that claims ownership, a company that rented the appliances or furnishings to the Tenant, or a company that sold them to Tenant and has a properly perfected security interest. Accordingly, Landlord must carefully examine the items thought abandoned, and any public records, for evidence of ownership or a properly perfected lien.
If the Tenant returns and makes a claim, Landlord can expect that a court will review carefully each of the requirements and Landlord’s attempt to satisfy them. Failure by Landlord to satisfy a requirement may result in the Landlord being held liable for damages and not receiving the benefit of the protection the statute was intended to provide. Accordingly, legal advice should be sought.
--32.211.xxx.xxx |
Eviction - walkthrough (by Jen Z. [CT]) Posted on: Jul 15, 2018 4:00 PM Message:
I'm not familiar with MO law, but why do you have to go through an eviction if he abandoned the property. I did googled MO abandoned property and it seems like it might be a better route and certainly a CYA and then just go through civil small claims for damages.
http://www.thurmanlaw.com/uncategorized/a-tenants-abandoned-property-what-are-my-rights-as-a-landlord/
A Landlord may wish and have a means to protect itself from the risk of liability in some circumstances. Under Missouri law, the rental premises, and the personal property left on it, is deemed abandoned if each of the following four (4) requirements are satisfied.
(1.) Landlord reasonably believes the Tenant has vacated the premises and does not intend to return. Did Tenant notify the Landlord that Tenant was leaving town for a brief period? Did Tenant tell neighbors that Tenant was leaving town for a short time? Have the utility services been terminated by the utility provider? Landlord must perform a reasonable investigation, should document everything, and must remember that any court later looking at the matter will have the benefit of 20/20 hindsight.
(2.) The Tenant has failed to pay rent for thirty (30) days or more. Landlord’s records should be complete, reflecting all rent that has accrued and each payment received by date and amount.
(3.) The Landlord posts and mails to the Tenant, in the manner required, a notice in the proper form notifying the Tenant of #1 and #2 above, and further notifying the Tenant that unless within ten (10) days the Tenant pays the rent due or responds that the Tenant has not abandoned the rental premises that the Landlord will declare the rental premises and the personal property abandoned and will remove and dispose of the personal property. A notice that is not in the proper form, or not posted and delivered properly, will likely be determined to not satisfy this requirement.
(4.) The Tenant fails to pay rent or respond within ten (10) days after the proper posting and mailing of the notice.
If all of the requirements are fully satisfied, Landlord may remove and dispose of the personal property without liability to Tenant. This statute provides no protection, however, from a claim of third parties, such as a parent that claims ownership, a company that rented the appliances or furnishings to the Tenant, or a company that sold them to Tenant and has a properly perfected security interest. Accordingly, Landlord must carefully examine the items thought abandoned, and any public records, for evidence of ownership or a properly perfected lien.
If the Tenant returns and makes a claim, Landlord can expect that a court will review carefully each of the requirements and Landlord’s attempt to satisfy them. Failure by Landlord to satisfy a requirement may result in the Landlord being held liable for damages and not receiving the benefit of the protection the statute was intended to provide. Accordingly, legal advice should be sought.
--32.211.xxx.xxx |
Eviction - walkthrough (by plenty [MO]) Posted on: Jul 15, 2018 4:10 PM Message:
Just mail notice of walk thru to last known address . Id mail it from same post office as property and retrieve it from the mail box the next day, one minutes after delivery. Don't open it. Just put it in your file and carry on. If it's going to be forwarded cause u know the mail is currently being forwarded just strategically pick a date and time that will have passed before delivery. Just saying, be your own best friend! --99.203.xx.xxx |
Eviction - walkthrough (by plenty [MO]) Posted on: Jul 15, 2018 4:13 PM Message:
Current tenant has vacated. Property is abandoned. Filing eviction was just familiarity (?) and for the record. Did you get him served before he left suddenly? need clarity. --99.203.xx.xxx |
Eviction - walkthrough (by Dave [MO]) Posted on: Jul 15, 2018 6:18 PM Message:
I take it as tenant has not paid rent, so they moved out and abandoned the property.
Definitely, send an accounting of the deductions taken from the deposit.
--159.118.xxx.xx |
Eviction - walkthrough (by Mike SWMO [MO]) Posted on: Jul 15, 2018 7:47 PM Message:
What Jen Z. [CT]) writes is pretty much right on. But go and read for yourself.
RSMO Chapter 441 Specifically 441.040, 050, 060, and mostly 065
SID and I both wrote about this a little while back. Do a search --67.45.xxx.xxx |
Eviction - walkthrough (by Don H [MO]) Posted on: Jul 15, 2018 8:45 PM Message:
Great advise. In my case, eviction(rent and possession) was filed 2 days after rent was due, while the tenant still occupied. Now 2 months rent, legal fees and utility bills are due for approx $3000. Cleanup and damages will eat up most of the security deposit.
Astonishingly, the process server did not serve tenants in person and just posted it on the door... The judge continued the case(saying a kid might have removed it from the door, although I saw it on the door(judge didn't ask me)), waiting for an in person serving. Just luckily, the tenants were subsequently personally served before they ran. Hahaha....
I will certify mail the walk-through notice to my rental house, as I know they have not submitted a forwarding address, since all their other bills are still being delivered to my rental address. --162.229.xx.xxx |
Eviction - walkthrough (by Robert J [CA]) Posted on: Jul 16, 2018 7:52 AM Message:
I've had tenants disappear only to show up after six months suing for the loss of their valuable junk. Since I have lot's of storage, I took pictures and cataloged everything left behind and stored everything. The tenants had old Christmas pictures when their rent-to-own furniture was new telling the judge that was the condition when they were moving out -- that I changed the locks and didn't allow them access to remove their valuable possessions.
I then tell the judge that here are pictures of the Sheriff Lock-Out showing the sheriff's name tag and badge number, identical on the lock-out papers, and the furniture on it's last leg.
Judge say never mind the condition, you threw out the tenants stuff and for that, you are going to pay. I then tell the judge that I kept everything, knowing they would make false claims. I have it all in my 10 ton truck parked in the courts parking lot. --47.156.xx.xx |
Eviction - walkthrough (by plenty [MO]) Posted on: Jul 17, 2018 9:06 AM Message:
Mail with form 3817 proof of mailing. --99.203.xx.xxx |
Reply:
|
|