utilities off (by Ellie collom [MO]) Nov 6, 2008 5:15 PM
utilities off (by Natalie [CA]) Nov 6, 2008 5:25 PM
utilities off (by Virden [OH]) Nov 6, 2008 6:38 PM
utilities off (by John... [MI]) Nov 6, 2008 6:42 PM
utilities off (by tyler [NC]) Nov 6, 2008 6:47 PM
utilities off (by Chance [MS]) Nov 6, 2008 7:06 PM
utilities off (by Martin [MO]) Nov 6, 2008 7:23 PM
utilities off (by Carolyn [MO]) Nov 6, 2008 7:37 PM
utilities off (by Ellie [MO]) Nov 7, 2008 6:17 AM
utilities off (by Sue S [IL]) Nov 7, 2008 1:42 PM
utilities off (by Ellie [MO]) Nov 7, 2008 3:41 PM
utilities off (by Martin [MO]) Nov 7, 2008 4:08 PM
utilities off (by Ellie [MO]) Nov 12, 2008 6:33 PM
utilities off (by Martin [MO]) Nov 14, 2008 4:09 PM
utilities off (by ellie [MO]) Nov 15, 2008 12:57 PM
utilities off (by Martin [MO]) Nov 17, 2008 10:12 AM
utilities off (by Ellie collom [MO]) Posted on: Nov 6, 2008 5:15 PM Message:
State Specific Question About: MISSOURI (MO)
What are our rights as a landlord when the tennant has all utilties shut off for non payment? We are taking her to court for not paying rent but since the first court date her utilities have been shut off. Can we take quicker possession of the property? --166.128.xxx.xxx |
utilities off (by Natalie [CA]) Posted on: Nov 6, 2008 5:25 PM Message:
If you think this could cause great damage to your property I would definitely speak to an attorney, maybe there is way to expedite. --71.202.xxx.xx |
utilities off (by Virden [OH]) Posted on: Nov 6, 2008 6:38 PM Message:
I am not in your state but I think you should wait till they go, if they are eating your rent apples now, why give them utility apples to snack on? --99.161.xxx.xx |
utilities off (by John... [MI]) Posted on: Nov 6, 2008 6:42 PM Message:
My main concern with something like this would be pipe freezing as soon as the temp drops a bit...
- John...
--67.142.xxx.xx |
utilities off (by tyler [NC]) Posted on: Nov 6, 2008 6:47 PM Message:
on my lease its a cause for "Default"..., in which I can initiate eviction...and win....
what does your lease say???? --75.181.xxx.xxx |
utilities off (by Chance [MS]) Posted on: Nov 6, 2008 7:06 PM Message:
Ellie - Are you sure they are still in residence with all (or is it all gas, elec, water)of the utilities off?
If they are not that might be a good case for possession based on abandonment? --75.66.xxx.xxx |
utilities off (by Martin [MO]) Posted on: Nov 6, 2008 7:23 PM Message:
Where is the property located? Which utilities are off? Could the property be considered abandoned? What is your court date?
These items will help determine what you can and/or should do in Missouri. --64.151.xx.xxx |
utilities off (by Carolyn [MO]) Posted on: Nov 6, 2008 7:37 PM Message:
Depending where you are, you might be able to involve the Health Department,especially if there are children involved. However, that also involves risks for you as owner.
I once got them to declare a house as "unfit for human habitation" because the tenant had utilities off. She was told she had to have them on or be out within a day or two. She didn't, so the police escorted her family out.
The downside, which I was aware of in advance, is the house was posted - and I also had to get permission to enter the property and go through various bureaucratic things to be able to rent the house again.
Although it didn't happen this time, codes can also become involved - and you can be required to correct any code violations present.
It is unlikely that pipes would freeze until it gets colder than what it now is in most of the state.
However, candles can cause fires.
--64.12.xxx.xxx |
utilities off (by Ellie [MO]) Posted on: Nov 7, 2008 6:17 AM Message:
All utilities are shut off water, electric, sewer, gas.
We know they are there because when we went to clean up the house and they showed up and we had to call the police. The police say it is a civil matter and we have to wait until court to escourt them off the property.
They are there during the day but not staying at night. We have tried to get our local code officers to help but they wont. They say they would have to put them in a hotel if they said it was inhabitable.
Local Police and sheriff say they can't help. How do I get the health department involved? Is this a state agency?
Our second court date is this Monday, but the court will then allow them an additional 10 days after that.
Basically the tenants are just holding up our property from being rented again.
--166.128.xxx.xxx |
utilities off (by Sue S [IL]) Posted on: Nov 7, 2008 1:42 PM Message:
How discouraging! I learned the hard way to address this in the lease. I have a clause that says that if the utilities are shut off for nonpayment, it is cause for immediate termination of the lease. One problem we have is with sewer bills - if they're not paid, the village puts a lien on the property, and we have to pay any past due amount. We decided to pay the sewer bills ourselves and it is reflected in the rent. Good luck. At least it isn't too cold yet! --66.249.xx.xx |
utilities off (by Ellie [MO]) Posted on: Nov 7, 2008 3:41 PM Message:
We have recently added that to our lease also, but we still have the problem of how to get them out of the property quicker. --166.128.xxx.xx |
utilities off (by Martin [MO]) Posted on: Nov 7, 2008 4:08 PM Message:
If ALL the utilities are off, then the property is uninhabitable. Not surprised that the PD won't help, but the Health Dept or Code Enforcement may. I've had them out before, and they gave the tenants about 15 minutes to gather everything and then posted it "uninhabitable". From that point, ANYONE is trespassing on the property, and the police will respond then. The downside is that this includes YOU (until you file papers at Code Enforcement). This was the fastest eviction I've ever done, but don't let Code Enforcement know about the eviction in progress. --64.151.xx.xxx |
utilities off (by Ellie [MO]) Posted on: Nov 12, 2008 6:33 PM Message:
Martin what part of missouri are you from? Is this a code in your area? We are looking into trying to change codes in our area and need some information.
thank you --166.128.xxx.xx |
utilities off (by Martin [MO]) Posted on: Nov 14, 2008 4:09 PM Message:
Ellie, I am in KC. I'm afraid I can't point you to the specific code involved, but I would have guessed that most municipalities do not allow people to occupy unheated, unlit, unsanitary (i.e. water is off) properties.
I do know that KC codes are online and searchable. You may be able to find it that way, or even call our Neighborhood Preservation department. --66.136.xxx.x |
utilities off (by ellie [MO]) Posted on: Nov 15, 2008 12:57 PM Message:
Thank you that gives me some. where to start --206.53.xxx.xx |
utilities off (by Martin [MO]) Posted on: Nov 17, 2008 10:12 AM Message:
Ellie, I ran across the KCMO code on line this morning. It is at ht tp: / /ww w . municode.com/ resources/ gateway.asp?sid=25&pid=10156
minus any spaces I added. --66.136.xxx.x |
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