Just learned this morning that my tenant who has been struggling since last summer passed away. Luckily, he passed in the hospital, where he has been since early June. We had been in the process of trying for state funds for 3 months of rent.

Apparently the family has already been in the home and doesn't plan to come back, from the neighborhood gossip.

This is one time I'm thrilled to have a strong lease. I'm posting a notice of abandonment and taking a look around, along with changing the locks first thing.

Tomorrow (because we have plans today) I'll spend some time starting to bag items for removal. Considering his ill health for months, I'm sure it all stinks of illness and needs to be simply thrown out. He was trying to sell anything of value he could live without because he was so ill and not yet getting any cash benefit.

So, this is your friendly reminder to read through your lease and make sure you know the process in your state! He was behind on rent, so that helps as he already meets the abandonment clause in the lease.

Plenty - the following text was reviewed by my local judge a few years ago and was OK'd.

17. If rent is 10 days past due, and it appears that LESSEE has quit the premises, LESSOR may enter premises and remove remaining items and begin attempts to re-rent premises to new lessee. The items will be removed without compensation to LESSEE. LESSEE further agrees that any re-rent fees will be paid by LESSEE and that rent continues to be due until a new lessee is found or the end date of this lease, whichever comes first. LESSEE may also request and pay the Early Lease Buy-Out fee, as agreed above.

In my case, the tenant was behind on rent and the power and water were turned off, so it is clearly abandoned.

I posted a notice of abandonment on the doors of the home. I entered to determine the condition, then changed the locks to secure the home. I plan to go in tomorrow and secure things like medications (I'll hand them over to the local PD for disposal). We'll let the refrigerator cool and remove all items (less stink). Then we'll have the refrigerator hauled to the curb on Tuesday or so. Most of the furniture isn't worth doing anything but hauling to the curb.

I noticed the family already removed the 60" TV that had been in the living room. Priorities!

Barb

I know you know what you are doing.

However I would suggest you relook at RSMO 441.065 in regard to the back rent.

You say if rent is 10 days past due and 441.065 says 30 days past due.

Of course it just may be how I am reading your post. My dyslexia thingy gets in the way sometimes.

also notice that Item one (1) has a semicolon after it (could stand by itself) and the other three items have a comma after them (requires all three).

By the way, I like your post. You have gave me lots of ideas.

Mike SWMO is correct: Missouri law dictates abandonment, and rent must be unpaid for a period of 30 days.

Sometimes judges don't even know the law if they rarely/never see it. That's how lawyers are able to argue their case and present facts that cause the judge to rethink a decision at times that otherwise seems cut and dry. So while your judge said, "Okay" potentially someone could come back later on appeal and get his decision tossed out on review b/c he did not follow the law.

Will anyone come back and make a fuss? Probably not. As you said, it's likely there's not much worthwhile. But it sounds like he may be more than 30 days late already, in which case this is a moot point and you can proceed. But for the future, don't trust the 10 days in your lease even if the judge gave it a thumbs up. The law is the final say: not him.

Friend SID.

Thank you for chiming in and giving the more detailed explanation.

Thanks for the update on the 30 days.

In this case, rent is well over that in the past due. This is my tenant that I got state Covid funds for to bring him current a few months back. His prepaid rent ran out April 30 and he was working on getting SSI and S8. I had given him a written warning in May that he was behind, and sent another, but was starting the process of applying for 3 months more from Covid funds. My own health slowed me down in that direction.

The power and water are off, and the rumor mill says the family got what they want.