PDA

View Full Version : Life Anyone had to evict a tenant in Missouri?


tooge
09-23-2015, 10:17 AM
Ok, so i've got a rental house here in Missouri. I have a year to year lease with a guy that lives in it. He's been AT LEAST a month late with rent for almost two years. Every time, there is some sob story about why he is late, he gives us a date that he will pay by, and then generally, he doesn't pay by that date, but will pay after we hunt him down for a week or two. He will literally disappear for days at a time when he's late.

So, he last paid rent for July. In August, he was fighting his ex wife in court over joint custody, so his excuse was court fees, etc. Btw, he's been on again/off again employed the entire two years. He's a college educated guy. I think he's just very difficult to work with so he doesn't hold jobs long. Anyhow, the first of September, we told him to get current. He blew us off. Last week he wrote us a check (for August mind you) and it came back as insufficient funds today. So, now, he owes August, September, and will owe October in a week. I'm done. Is it as simple as a written notice to GTFO? Any help would be great.
Thanks

Chief_For_Life58
09-23-2015, 10:21 AM
get as current as you can with him then kick his ass out. if u kick him out now u wont get any money from his sorry ass

Hootie
09-23-2015, 10:21 AM
you have to give a 10 day notice to pay or quit ... and then you have to have a sheriff serve an eviction notice ... and then after you wait the allotted amount of time you can change the locks

Ming the Merciless
09-23-2015, 10:23 AM
In general you want to hand him a "3 day notice to pay or quit"

With the address, his name, and the amount owed. You should be able to find one online.

Make sure it forfeits the agreement if he doesn't pay.

Handing it directly to him is the best.

If not, tape one to his door and mail one to him that day...

Missouri may have other laws, so hopefully others will chime in...but I can't imagine it being THAT different

Ming the Merciless
09-23-2015, 10:25 AM
you have to give a 10 day notice to pay or quit ... and then you have to have a sheriff serve an eviction notice ... and then after you wait the allotted amount of time you can change the locks

I think you skipped the entire court proceedings

And they get 10 days in Missouri? That blows

Eleazar
09-23-2015, 10:44 AM
Even if you go to court, doesn't the tenant get a month or two before the sheriff actually shows up?

luv
09-23-2015, 10:45 AM
What does the lease agreement say?

Hootie
09-23-2015, 10:48 AM
Even if you go to court, doesn't the tenant get a month or two before the sheriff actually shows up?

We have about 3000 properties. We will deliver a '10 day notice to pay or quit' any time someone misses a rent payment. It is then at our discretion after those 10 days whether or not we want to move forward with the eviction or not. Generally, if they aren't repeat offenders, they'll get every chance in the world to pay their rent because evictions are expensive.

Assuming we go forward with the eviction, we then have the sheriff we use serve eviction papers and then they have a certain amount of days to vacate the premises, and if they do not, we change the locks and they are simply out of luck. Now, our leases specifically state tenants must keep their power on, so a lot of times if they aren't paying their rent, they aren't paying their utilities, so we can change the locks any time we want if their power isn't on.

I am not sure off the top of my head how many days they get once the sheriff delivers eviction papers but we pay this guy so he'll deliver the papers around the clock, he isn't lazy about it.

luv
09-23-2015, 10:49 AM
We have about 3000 properties. We will deliver a '10 day notice to pay or quit' any time someone misses a rent payment. It is then at our discretion after those 10 days whether or not we want to move forward with the eviction or not. Generally, if they aren't repeat offenders, they'll get every chance in the world to pay their rent because evictions are expensive.

Assuming we go forward with the eviction, we then have the sheriff we use serve eviction papers and then they have a certain amount of days to vacate the premises, and if they do not, we change the locks and they are simply out of luck. Now, our leases specifically state tenants must keep their power on, so a lot of times if they aren't paying their rent, they aren't paying their utilities, so we can change the locks any time we want if their power isn't on.

I am not sure off the top of my head how many days they get once the sheriff delivers eviction papers but we pay this guy so he'll deliver the papers around the clock, he isn't lazy about it.
Is this in Missouri?

Hootie
09-23-2015, 10:51 AM
and court proceedings happen WAY AFTER the tenant gets the boot ... they don't get to live rent free until the court sorts things out.

Hootie
09-23-2015, 10:51 AM
Is this in Missouri?

No. Illinois. But how much different could it possibly be? I highly doubt people in Missouri get to live rent free until the courts work out whether or not the landlord is being honest about the lowlife not paying his rent. I have a feeling eviction laws are pretty close just about everywhere.

Perineum Ripper
09-23-2015, 10:52 AM
http://www.evictionresources.com/eviction_process_articles/missouri_eviction_process.html

luv
09-23-2015, 10:53 AM
http://www.moga.mo.gov/mostatutes/chapters/chapText441.html

Revised Statutes of Missouri (RSMo) regarding eviction.

Hog's Gone Fishin
09-23-2015, 10:54 AM
Ok, so i've got a rental house here in Missouri. I have a year to year lease with a guy that lives in it. He's been AT LEAST a month late with rent for almost two years. Every time, there is some sob story about why he is late, he gives us a date that he will pay by, and then generally, he doesn't pay by that date, but will pay after we hunt him down for a week or two. He will literally disappear for days at a time when he's late.

So, he last paid rent for July. In August, he was fighting his ex wife in court over joint custody, so his excuse was court fees, etc. Btw, he's been on again/off again employed the entire two years. He's a college educated guy. I think he's just very difficult to work with so he doesn't hold jobs long. Anyhow, the first of September, we told him to get current. He blew us off. Last week he wrote us a check (for August mind you) and it came back as insufficient funds today. So, now, he owes August, September, and will owe October in a week. I'm done. Is it as simple as a written notice to GTFO? Any help would be great.
Thanks



Ask him to write you a check to catch up. Tell him it doesn't matter if it's good or not you're just trying to get your wife off your back. Then when the check comes back insufficient funds take it to the county attorneys office and you'll get your money.

while your waiting on the county attorney go over there for maintenance and cut off his water supply , remove his toilet and the front and back doors.

luv
09-23-2015, 10:54 AM
No. Illinois. But how much different could it possibly be? I highly doubt people in Missouri get to live rent free until the courts work out whether or not the landlord is being honest about the lowlife not paying his rent. I have a feeling eviction laws are pretty close just about everywhere.

You'd be surprised at how much states differ in their laws.

cosmo20002
09-23-2015, 10:55 AM
http://www.iceposter.com/thumbs/MOV_25d21a29_b.jpg

Hootie
09-23-2015, 10:55 AM
Maybe. Out of the dozens of evictions we've served I've never seen a tenant still residing in that property during court proceedings. Maybe most of them just think they have to get out and do so ...

luv
09-23-2015, 10:56 AM
Tenancy at will, sufferance, month to month, how terminated--judgmentof eviction, how effectuated, landlord's liability.
441.060. 1. A tenancy at will or by sufferance, or for less than one year, may be terminated by the person entitled to the possession by giving one month's notice, in writing, to the person in possession, requiring the person in possession to vacate the premises.

2. An occupancy limitation of two persons per bedroom residing in a dwelling unit shall be presumed reasonable for this state. The two-person limitation shall not apply to a child or children born to the tenants during the course of the lease.

3. Except as otherwise provided by law, all contracts or agreements for the leasing, renting or occupation of stores, shops, houses, tenements or other buildings in cities, towns or villages, and of stores, shops, houses, tenements or other buildings except when such leasing, renting or occupation is as tenant of real estate used or rented for agricultural purposes, other than garden purposes, not made in writing, signed by the parties thereto, or their agents, shall be held and taken to be tenancies from month to month, and all such tenancies may be terminated by either party thereto, or the party's agent, giving to the other party, or the party's agent, one month's notice, in writing, of the party's intention to terminate such tenancy.

4. (1) Except as provided in subdivision (2), the landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other party stating that the tenancy shall terminate upon a periodic rent-paying date not less than one month after the receipt of the notice.

(2) When a person occupies and has an ownership interest in a mobile home and is leasing the land or the lot upon which the mobile home is located, a tenancy for less than one year may be terminated by the landlord by giving written notice to the tenant that the tenancy shall terminate not sooner than sixty days from the date the rent payment next becomes due, notwithstanding any written lease provision regarding earlier lease termination to the contrary.

5. If after the rendition of a judgment and a request for an execution on any judgment rendered in an action pursuant to chapter 524, chapter 534, chapter 535, or this chapter and there is no stay of execution, the service officer fails to deliver possession of the premises to the landlord within seven days of the delivery of the writ to such officer, the landlord may, within sixty days of the date of the judgment, in the presence of a municipal or county law enforcement officer of the jurisdiction in which the premises are located, without breach of the peace, break and remove locks, enter and take possession of the premises and remove any household goods, furnishings, fixtures or any other personal property left in or at the premises, provided the law enforcement officer is first presented a true copy of the judgment and order of execution, and the law enforcement officer acknowledges in writing such presentation, and such acknowledgment is filed in court by the plaintiff within five days following taking possession of the premises.

6. Except for negligent, willful or wanton acts or omissions of the landlord, or failure to both timely obtain and file the law enforcement officer acknowledgment described in the preceding subsection, the landlord shall have no liability for loss or damage to any household goods, furnishings, fixtures or any other personal property left in or at the dwelling unit, by reason of the landlord's removal of the property in accordance with the provisions of this section.

(RSMo 1939 § 2971, A.L. 1951 p. 747, A.L. 1997 H.B. 361)

Prior revisions: 1929 § 2584; 1919 § 6880; 1909 § 7883

CROSS REFERENCE:

Leases, not in writing, operate as estates at will, 432.050

Leases, not in writing, operate as estates at will.
432.050. All leases, estates, interests of freehold or term of years, or any uncertain interest of, in, to or out of any messuages, lands, tenements or hereditaments, made or created by livery and seisin only, or by parole, and not put in writing and signed by the parties so making or creating the same, or their agents lawfully authorized by writing, shall have the force and effect of leases or estates at will only, and shall not, either in law or equity, be deemed or taken to have any other or greater force.

TEX
09-23-2015, 11:03 AM
You'd be surprised at how much states differ in their laws.

This.
I've had to in Texas and it's NOT easy. I lost my ass and they got away scott free, to who knows were? The law in Texas heavily favors tenants. However, I was able to report them to the authorities and credit agencies, take them to court and sue them for $$$ owed and destruction and theft of private property (but they never showed) - so I have THAT going for me. :rolleyes:

It was so frustrating because I KNEW EXACTLY what was going to happen, and it did. Those F**KS moved out a few days before they officially got evicted. They trashed the place and STOLE ALL THE APPLIANCES and FIXTURES. I was so PISSED at the time but now I just laugh about it because it is kind of funny if you think about it and if you were to see it in a movie or something. F**K ME! LMAO

Eleazar
09-23-2015, 11:04 AM
and court proceedings happen WAY AFTER the tenant gets the boot ... they don't get to live rent free until the court sorts things out.

I'm talking about an eviction order from a court. In many states, such as mine, it's completely illegal to change the locks or deny them entry without the court order.

TEX
09-23-2015, 11:07 AM
I'm talking about an eviction order from a court. In many states, such as mine, it's completely illegal to change the locks or deny them entry without the court order.

Exactly. Also, once it all starts, the land lord CANT EVEN VISIT THE PROPERTY! (Ask me how I know)

Hog's Gone Fishin
09-23-2015, 11:18 AM
Tenancy at will, sufferance, month to month, how terminated--judgmentof eviction, how effectuated, landlord's liability.
441.060. 1. A tenancy at will or by sufferance, or for less than one year, may be terminated by the person entitled to the possession by giving one month's notice, in writing, to the person in possession, requiring the person in possession to vacate the premises.

2. An occupancy limitation of two persons per bedroom residing in a dwelling unit shall be presumed reasonable for this state. The two-person limitation shall not apply to a child or children born to the tenants during the course of the lease.

3. Except as otherwise provided by law, all contracts or agreements for the leasing, renting or occupation of stores, shops, houses, tenements or other buildings in cities, towns or villages, and of stores, shops, houses, tenements or other buildings except when such leasing, renting or occupation is as tenant of real estate used or rented for agricultural purposes, other than garden purposes, not made in writing, signed by the parties thereto, or their agents, shall be held and taken to be tenancies from month to month, and all such tenancies may be terminated by either party thereto, or the party's agent, giving to the other party, or the party's agent, one month's notice, in writing, of the party's intention to terminate such tenancy.

4. (1) Except as provided in subdivision (2), the landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other party stating that the tenancy shall terminate upon a periodic rent-paying date not less than one month after the receipt of the notice.

(2) When a person occupies and has an ownership interest in a mobile home and is leasing the land or the lot upon which the mobile home is located, a tenancy for less than one year may be terminated by the landlord by giving written notice to the tenant that the tenancy shall terminate not sooner than sixty days from the date the rent payment next becomes due, notwithstanding any written lease provision regarding earlier lease termination to the contrary.

5. If after the rendition of a judgment and a request for an execution on any judgment rendered in an action pursuant to chapter 524, chapter 534, chapter 535, or this chapter and there is no stay of execution, the service officer fails to deliver possession of the premises to the landlord within seven days of the delivery of the writ to such officer, the landlord may, within sixty days of the date of the judgment, in the presence of a municipal or county law enforcement officer of the jurisdiction in which the premises are located, without breach of the peace, break and remove locks, enter and take possession of the premises and remove any household goods, furnishings, fixtures or any other personal property left in or at the premises, provided the law enforcement officer is first presented a true copy of the judgment and order of execution, and the law enforcement officer acknowledges in writing such presentation, and such acknowledgment is filed in court by the plaintiff within five days following taking possession of the premises.

6. Except for negligent, willful or wanton acts or omissions of the landlord, or failure to both timely obtain and file the law enforcement officer acknowledgment described in the preceding subsection, the landlord shall have no liability for loss or damage to any household goods, furnishings, fixtures or any other personal property left in or at the dwelling unit, by reason of the landlord's removal of the property in accordance with the provisions of this section.

(RSMo 1939 § 2971, A.L. 1951 p. 747, A.L. 1997 H.B. 361)

Prior revisions: 1929 § 2584; 1919 § 6880; 1909 § 7883

CROSS REFERENCE:

Leases, not in writing, operate as estates at will, 432.050

Leases, not in writing, operate as estates at will.
432.050. All leases, estates, interests of freehold or term of years, or any uncertain interest of, in, to or out of any messuages, lands, tenements or hereditaments, made or created by livery and seisin only, or by parole, and not put in writing and signed by the parties so making or creating the same, or their agents lawfully authorized by writing, shall have the force and effect of leases or estates at will only, and shall not, either in law or equity, be deemed or taken to have any other or greater force.



<iframe width="420" height="315" src="https://www.youtube.com/embed/TM-G0bkl8MQ" frameborder="0" allowfullscreen></iframe>

Rain Man
09-23-2015, 11:33 AM
Not that it helps in the short term, but I just lease month to month. If they get behind on their rent or if I don't like them, I can just give them 30 days notice and they're out. I think that arrangement is a lot easier than doing a longer-term lease and worrying about them paying or them being noisy or whatever.

Bugeater
09-23-2015, 11:38 AM
You'd be surprised at how much states differ in their laws.
This. Call a real estate lawyer.

Ming the Merciless
09-23-2015, 01:38 PM
and court proceedings happen WAY AFTER the tenant gets the boot ... they don't get to live rent free until the court sorts things out.

s


Must be nice....that's not how it works in most places I don't think

Ming the Merciless
09-23-2015, 01:45 PM
I just looked it up, it appears for non payment, in Missouri, you are to give a 5 day notice to pay rent or 'quit' the premises.

If you serve them this notice, and they don't leave or pay, then you can file an eviction lawsuit.

Obviously check with someone who has experience in Missouri though.

tooge
09-23-2015, 01:49 PM
I've looked things up and don't understand all the legalese. I'm going to give him the quit or pay notice.

Hootie
09-23-2015, 01:50 PM
I just looked it up, it appears for non payment, in Missouri, you are to give a 5 day notice to pay rent or 'quit' the premises.

If you serve them this notice, and they don't leave or pay, then you can file an eviction lawsuit.

Obviously check with someone who has experience in Missouri though.

Ah. Yes. That's what Illinois does. I was confused and thought it was a 10 day notice to pay or quit. It is 5 days.

The Franchise
09-23-2015, 01:51 PM
My question is....

If he's been habitually late for the last 2 years.....why has it taken you this long to get him out?

If he's been on a year to year lease from the beginning, why did you renew his lease after the first year of going through this shit?

luv
09-23-2015, 01:57 PM
I've looked things up and don't understand all the legalese. I'm going to give him the quit or pay notice.

If you were in Springfield, I could give you a couple of great attorneys to run this by (namely, the two I work for). Most of these types of attorneys probably charge hourly instead of contingency though, which probably means the consultation wouldn't be free (seeing as it's not a "case" they are considering to take to win or lose).

It really depends on any sort of lease agreement the guy might have signed too. I'd ask my attorneys an "in general" question if there isn't a specific agreement involved.

Ming the Merciless
09-23-2015, 01:58 PM
https://rentallease.net/missouri/missouri-notice-to-quit-eviction-notice-for-non-payment/

You can just imitate that form....I tried confirming 100% if it's 5 days.....but I am on a shitty kindle. I can call a buddy of mine who does evictions in Missouri if you need confirmation still.

Hootie
09-23-2015, 02:08 PM
I wouldn't be so angry about rent being late ... as long as it is paid. Being two or three months late, though ... and building up late rent. That's a problem.

luv
09-23-2015, 02:11 PM
https://rentallease.net/missouri/missouri-notice-to-quit-eviction-notice-for-non-payment/

You can just imitate that form....I tried confirming 100% if it's 5 days.....but I am on a shitty kindle. I can call a buddy of mine who does evictions in Missouri if you need confirmation still.

I never, ever recommend downloading and using a form from the internet. Of course, I work for attorneys, so I've dealt with the courts and know how particular they can be about filings.

Ming the Merciless
09-23-2015, 02:11 PM
No. Illinois. But how much different could it possibly be? I highly doubt people in Missouri get to live rent free until the courts work out whether or not the landlord is being honest about the lowlife not paying his rent. I have a feeling eviction laws are pretty close just about everywhere.

In most places they absolutely get to live there until a judge 1) files a judgment for the landlord and2) issues a writ and 3) the sheriff gets the writ and posts it...and gives them probably another 5 days

Ming the Merciless
09-23-2015, 02:12 PM
I never, ever recommend downloading and using a form from the internet. Of course, I work for attorneys, so I've dealt with the courts and know how particular they can be about filings.

All of our forms are on the internet in my county /state

I am surprised yours arent

Hootie
09-23-2015, 02:15 PM
you're probably right

I've witnessed nearly 100 evictions and I've never seen 1 tenant who is served those papers stay ... they're almost always out within a few days.

also, the few times we've been able to change the locks, I don't think any of these yokels are even smart enough to file a lawsuit protecting their rights ... they probably don't even think they have a leg to stand on since they're usually so far behind in rent

trust me ... the last thing we try to do is evict anyone. We also aggressively screen prospective tenants so it's generally not a problem ... we more or less weed out the riff raff from buildings we acquire

go bo
09-23-2015, 02:45 PM
What does the lease agreement say?

yep, you start with the plain language of the lease and go from there...

luv
09-23-2015, 02:48 PM
All of our forms are on the internet in my county /state

I am surprised yours arent

I'm sure they're available form the courthouse. Not some generic .net site, though.

Is it Jackson County? http://www.16thcircuit.org/

If they don't have the particular form, then I'd contact a lawyer. It may cost you a little, but it's worth it in order to do things correctly the first time. Especially if you end up having to enter the residence to remove personal property. Also, if there is a lease agreement, they'd be able to review it to make sure there are no loopholes or legalities that you're missing.

tooge
09-23-2015, 02:58 PM
My question is....

If he's been habitually late for the last 2 years.....why has it taken you this long to get him out?

If he's been on a year to year lease from the beginning, why did you renew his lease after the first year of going through this shit?

Cuz I'm a dumbass that gives human beings way to much credit. Because I'm too soft and listed to too many sob stories. I should have kicked his ass out about six months in, now, here I am. Lesson learned.

Ming the Merciless
09-23-2015, 02:59 PM
you're probably right

I've witnessed nearly 100 evictions and I've never seen 1 tenant who is served those papers stay ... they're almost always out within a few days.



Technically, none of those 100 were evictions. In order for it to escalate to an eviction, they have to disregard the quit notice. You have witnessed 0 evictions.

An eviction gets filed ONLY if they DONT leave..and filed with the court. A quit notice is not an eviction, its a warning that you're going to sue for them IF they don't pay or gtfo

I've done dozens of evictions and scores upon scores of notices.

BucEyedPea
09-23-2015, 03:00 PM
Ok, so i've got a rental house here in Missouri. I have a year to year lease with a guy that lives in it. He's been AT LEAST a month late with rent for almost two years. Every time, there is some sob story about why he is late, he gives us a date that he will pay by, and then generally, he doesn't pay by that date, but will pay after we hunt him down for a week or two. He will literally disappear for days at a time when he's late.

So, he last paid rent for July. In August, he was fighting his ex wife in court over joint custody, so his excuse was court fees, etc. Btw, he's been on again/off again employed the entire two years. He's a college educated guy. I think he's just very difficult to work with so he doesn't hold jobs long. Anyhow, the first of September, we told him to get current. He blew us off. Last week he wrote us a check (for August mind you) and it came back as insufficient funds today. So, now, he owes August, September, and will owe October in a week. I'm done. Is it as simple as a written notice to GTFO? Any help would be great.
Thanks
I have but in Florida. It's easy here. You have to check the laws as different states protect tenants more than landlords.

In Boston it was difficult. Despite that, we did put one tenant's belongings on the curb . This wasn't legal but he left anyway. Good riddance. You can try that and cut your losses but it can be risky. Keep his first and last or security deposit though.

Next time do a tenant background check and never rent to anyone without a job... or good job history. If they move around too much, like more than once in a year—not a good sign.

BucEyedPea
09-23-2015, 03:03 PM
Cuz I'm a dumbass that gives human beings way to much credit. Because I'm too soft and listed to too many sob stories. I should have kicked his ass out about six months in, now, here I am. Lesson learned.

I have one now but luckily I don't have to deal with him directly. Last sob story was his mother was in hospital. If others have to pay their mortgages and other bills with a family member in hospital then he can too. Always late.

If you have a pattern of accepting late payments without saying anything, then the courts will go by that date I believe. There's some legal word for it. So you have to enforce it.

If he pays a few days late every month but always pays it on those dates, I wouldn't worry about it.

Ming the Merciless
09-23-2015, 03:09 PM
I have one now but luckily I don't have to deal with him directly. Last sob story was his mother was in hospital. If others have to pay their mortgages and other bills with a family member in hospital then he can too. Always late.

If you have a pattern of accepting late payments without saying anything, then the courts will go by that date I believe. There's some legal word for it. So you have to enforce it.

If he pays a few days late every month but always pays it on those dates, I wouldn't worry about it.

This is good advice. One thing you can do if you have let a tenant keep paying late, is give them a 60 day notice that you are going to begin enforcing the proper due date.

If you have a problem tenant, and are thinking you may need to evict them eventually.... But you have a pattern of taking their payments like on the 12th every month....a 60 day notice that you're going to start enforcing the contract should correct the issue.

seclark
09-23-2015, 03:11 PM
damnit tooge, the check's in the mail. now call off the dogs.
sec

BucEyedPea
09-23-2015, 03:14 PM
while your waiting on the county attorney go over there for maintenance and cut off his water supply , remove his toilet and the front and back doors.

ROFL

Well, possession is nine-tenths of the law! :D

Hootie
09-23-2015, 03:31 PM
Technically, none of those 100 were evictions. In order for it to escalate to an eviction, they have to disregard the quit notice. You have witnessed 0 evictions.

An eviction gets filed ONLY if they DONT leave..and filed with the court. A quit notice is not an eviction, its a warning that you're going to sue for them IF they don't pay or gtfo

I've done dozens of evictions and scores upon scores of notices.
No, they were served eviction papers from a sheriff after the quit notices delivered by us

SAUTO
09-23-2015, 03:47 PM
Ask him to write you a check to catch up. Tell him it doesn't matter if it's good or not you're just trying to get your wife off your back. Then when the check comes back insufficient funds take it to the county attorneys office and you'll get your money.
.

This. But don't tell anyone that you took it knowing it wasn't good. And make sure it isn't forward dated

Ming the Merciless
09-23-2015, 04:02 PM
No, they were served eviction papers from a sheriff after the quit notices delivered by us

Without 1) a summons & complaint filed in court and served upon them and 2) a judgment from a judge, it's still not an eviction.....it's them complying with a notice

Ming the Merciless
09-23-2015, 04:12 PM
No, they were served eviction papers from a sheriff after the quit notices delivered by us

Also, it's not possible to get the sheriff to post a writ of possession without getting the writ from a judge....which requires a court case.

You are confused about the process...

Perhaps the company you work for pays the sheriff to post the quit notice?

MahiMike
09-23-2015, 07:07 PM
I'm sure they have processing companies in MO for this. Just call them. Write a check. Done.

Mr. Flopnuts
09-23-2015, 07:14 PM
No. Illinois. But how much different could it possibly be? I highly doubt people in Missouri get to live rent free until the courts work out whether or not the landlord is being honest about the lowlife not paying his rent. I have a feeling eviction laws are pretty close just about everywhere.

It can be VASTLY different from state to state. Take it from a former credit manager. It's nuts how NON uniform it is.

jspchief
09-23-2015, 07:58 PM
It can be VASTLY different from state to state. Take it from a former credit manager. It's nuts how NON uniform it is.
In other words, don't take legal advice from a waiter.

Simply Red
09-23-2015, 09:36 PM
he posts here

jspchief
09-23-2015, 09:51 PM
he posts here
MTG10 seems like the type to get evicted.

Miles
09-23-2015, 10:42 PM
This.
I've had to in Texas and it's NOT easy. I lost my ass and they got away scott free, to who knows were? The law in Texas heavily favors tenants. However, I was able to report them to the authorities and credit agencies, take them to court and sue them for $$$ owed and destruction and theft of private property (but they never showed) - so I have THAT going for me. :rolleyes:

It was so frustrating because I KNEW EXACTLY what was going to happen, and it did. Those F**KS moved out a few days before they officially got evicted. They trashed the place and STOLE ALL THE APPLIANCES and FIXTURES. I was so PISSED at the time but now I just laugh about it because it is kind of funny if you think about it and if you were to see it in a movie or something. F**K ME! LMAO

I have helped out a family member with issues on rental property tenants from time to time in Texas. Sucks that its a very delicate balance of wanting to get the problem tenant out but at the same time doing it in a way that avoids them trashing and stealing like what happened with you. About the only protection is being really thorough with background checks and not taking people at their word.

Hootie
09-23-2015, 10:45 PM
In other words, don't take legal advice from a waiter.

if this post made you feel better about yourself, then I'm happy I could help your day out :thumb:

Ming the Merciless
09-23-2015, 11:06 PM
This.
I've had to in Texas and it's NOT easy. I lost my ass and they got away scott free, to who knows were? The law in Texas heavily favors tenants. However, I was able to report them to the authorities and credit agencies, take them to court and sue them for $$$ owed and destruction and theft of private property (but they never showed) - so I have THAT going for me. :rolleyes:

It was so frustrating because I KNEW EXACTLY what was going to happen, and it did. Those F**KS moved out a few days before they officially got evicted. They trashed the place and STOLE ALL THE APPLIANCES and FIXTURES. I was so PISSED at the time but now I just laugh about it because it is kind of funny if you think about it and if you were to see it in a movie or something. F**K ME! LMAO

Your insurance will cover you if a renter trashes your place....If the damages exceed your deductible. Having stolen your appliances probably means yes.

Psyko Tek
09-23-2015, 11:21 PM
Ask him to write you a check to catch up. Tell him it doesn't matter if it's good or not you're just trying to get your wife off your back. Then when the check comes back insufficient funds take it to the county attorneys office and you'll get your money.

while your waiting on the county attorney go over there for maintenance and cut off his water supply , remove his toilet and the front and back doors.

NIce
you are one nasty mother

Ming the Merciless
09-23-2015, 11:40 PM
I'm sure they have processing companies in MO for this. Just call them. Write a check. Done.

You don't need a process server to serve the notice...you may need one to serve the summons&complaint though....if they don't comply with the pay or quit notice.

If your sheriff does process serving, it's always intimidating to have the sheriff serve things....

ModSocks
09-23-2015, 11:52 PM
Wow. No trailer park jokes. I am disappoint.

Miles
09-24-2015, 12:15 AM
Your insurance will cover you if a renter trashes your place....If the damages exceed your deductible. Having stolen your appliances probably means yes.

Still a big headache of the lost deductible and getting the place fixed and ready to rent again. Very likely preferable to someone living there for free and more if they are annoying good tenants.