Eviction (by Stac [MO]) Sep 25, 2008 8:49 AM
Eviction (by Brenda [TX]) Sep 25, 2008 8:59 AM
Eviction (by Bartleby [TX]) Sep 25, 2008 9:32 AM
Eviction (by ManateeAlley [FL]) Sep 25, 2008 10:10 AM
Eviction (by sid [MO]) Sep 25, 2008 10:52 AM
Eviction (by Martin [MO]) Sep 25, 2008 11:36 AM
Eviction (by rise2it [VA]) Sep 25, 2008 10:16 PM
Eviction (by Stac [MO]) Posted on: Sep 25, 2008 8:49 AM Message:
State Specific Question About: MISSOURI (MO)
I have had a tenant on a yearly lease up until about 4 months ago when she wanted to go month to month. I was willing to do this considering she has only paid me on time (with grace period) about 9 out of the 16 months she's rented to me. She always made the payment before the 15th so that I wouldn't file for eviction.
Now, September rent has not been paid, I sent her an eviction notice/notice to vacate letter certified mail on the 16th. The post office has notified me to let me know she has not picked the letter up. She called me last night and said she has Sept. rent and will have partial of Oct. rent for me on Friday. I told her she needs to pay the rest of Oct. rent on the 1st. My question is how do I get her out of my rental if she continues to pay but late??
--12.167.xx.xx |
Eviction (by Brenda [TX]) Posted on: Sep 25, 2008 8:59 AM Message:
What I'm gathering is that she was on a year lease, which is over, and is now on a M2M. If she is on a M2M, give her 30 days notice. She sounds like a PITA, get her out. You can still accept rent money, because she will have to pay up until she moves out. If she doesn't leave you will have to go through the eviction process though.
Also, post notice on the door too, or try to hand deliver the notice. Many will know who the letter is from and intentionally not pick it up. --167.6.xxx.xx |
Eviction (by Bartleby [TX]) Posted on: Sep 25, 2008 9:32 AM Message:
If you really want her out at this time of the year, now would be a good time to give a 30 day notice. In all likelihood, she will not pay any more rent once she receives notice. If she does in fact pay partial October on Friday, and you give notice October 1 you have collected more than you would otherwise.
In Texas, if both parties agree the notice can be less than 30 days. This is why I have a fifteen day notice. I have fifteen days to collect rent, then I can give notice. Learned this lesson the hard way. Many times I still have to evict. --76.199.xxx.xx |
Eviction (by ManateeAlley [FL]) Posted on: Sep 25, 2008 10:10 AM Message:
Unless your state statutes require certified mail, I would send your notices regular mail, with delivery confirmation. Tenants know anything certified is going to be bad news and know not to pick it up. I hope you're charging LATE FEES for your inconvenience! --71.196.xx.xxx |
Eviction (by sid [MO]) Posted on: Sep 25, 2008 10:52 AM Message:
Greetings from another Missouri land lord. You can and should file eviction today! In MO there is no "pay or quit" and you can file for eviction the day after rent is due. My lease has rent due on the 1st, so I can file the 2nd if I desire. In her case, I would because she's proved to be pain. I will usually send a letter on the 5th and wait until the 8th for a good tenant. If no word, away to the courthouse we go.
Missouri is a relatively land lord friendly state, and unless your local municipal judge is a real tenant softie you should be able to get a non-payer / late-payer out within 3 - 4 weeks from the time you file to the day the sheriff shows up. Time is really important since some tenants know how long they can freeload off you once the eviction process starts rolling.
BTW, you did not send her an eviction notice. You sent her a "pay up or I'm going to evict you" notice. You must file at the courthouse and either a deputy or a process server will deliver the court summons to the tenant. Once the court date comes and goes you will get a judgment (hopefully) and possession of the premises granted. Then the court will send her an eviction notice, at which point she'll have x-number of days to move out until the sheriff shows up to help you kick her out.
Just keep your cool, but act quickly. Even in good ol' MO this process still takes way too long in my opinion. I wish we could be like the cable company. No pay bill? I shut off your cable today. No pay rent? My "moving crew" and I show up tomorrow and out you go. YOU get to go to court and pay to sue me if you think I threw you out unjustly. And YOU prove it (i.e. show where I cashed your rent check one or before the day it was due). --204.80.xxx.xx |
Eviction (by Martin [MO]) Posted on: Sep 25, 2008 11:36 AM Message:
You asked "how doe I get her out"
First, you give her a 30 day that her tenancy is terminated effective x/x/08.
Then, if she is not out by that date, you file and "unlawful detainer" case the next day. --66.136.xxx.x |
Eviction (by rise2it [VA]) Posted on: Sep 25, 2008 10:16 PM Message:
I don't chase money. Period.
Unfortunately, you've let this become a habit, and it's only going to get worse, not better.
Easier to replace them than re-train them.
Paying rent has to be their top priority - not their satellite bill, not their cellphone bill, etc.
Those that don't understand that can live elsewhere. --68.47.xxx.xx |
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