Ending tenancy in MO (by Anna [MO]) Dec 15, 2008 12:12 PM
Ending tenancy in MO (by LC [IL]) Dec 15, 2008 1:37 PM
Ending tenancy in MO (by Carolyn [MO]) Dec 15, 2008 1:45 PM
Ending tenancy in MO (by sid [MO]) Dec 15, 2008 1:52 PM
Ending tenancy in MO (by Anna [MO]) Posted on: Dec 15, 2008 12:12 PM Message:
State Specific Question About: MISSOURI (MO)
Hi - I have some questions regarding different ways to end tenancy on a month-to-month lease in Missouri.
1) I made the potential mistake of collecting partial rent payment last month. Would I be successful filing a rent and possession lawsuit, or would I need to wait to file for the next month where rent is late (while refusing partial payment)?
2) If I want to properly terminate tenancy by giving the tenant a 30 day notice, must I physically hand the notice to him, or would taping it to the front door / mailing it suffice?
3) My lease renews itself on the first of each month. If for example, I give the tenant 30 day notice to leave on December 15th, does that give the tenant the right to stay there for 30 days, or until the end of January? If only 30 days, can I ask for full January rent payment, or must I pro-rate it.
I'm mulling over different scenarios.
Thank you --75.42.xxx.xx |
Ending tenancy in MO (by LC [IL]) Posted on: Dec 15, 2008 1:37 PM Message:
Carolyn/Sid will correct me where I'm wrong, but;
1) In MO partial payment does not stop an eviction. Have you demanded the rent? Then file TODAY.
2) This I'm not sure about.
3) 30 day notice is 30 days from the Rental period; if rental period is 1st to 1st, then you must serve before 1st.
Go ahead and file, don't give them the 30 day notice, especially if they already owe you money. --12.232.xxx.x |
Ending tenancy in MO (by Carolyn [MO]) Posted on: Dec 15, 2008 1:45 PM Message:
If at any time the tenant owes you rent, you can file a Landlord's Petition (Rent and possession). This is by far the easiest way.
You do not need to serve an official 3 day notice or 30 day notice or whatever. You are supposed to have simply "demanded" for the rent, which could be a phone call reminding the tenant of the rent due. I have never seen a judge ask for documentation of this. You can accept partial payments in this case. The only thing you would need to do is when you go to court is "amend" the amount and tell the judge exactly how much is owed as of the court date. However, with this type of eviction action, if the tenant pays up the tenant can stay the eviction.
If you want to be sure the tenant is gone, then you need to file an Unlawful Detainer. With that, you need to give notice of termination, but it wouldn't be effective until the end of January. Then if the tenant hadn't vacated by then, you would initiate an Unlawful Detainer. This type of eviction would take longer, since you couldn't file until Feb 1. This also is a trickier action - and no sample forms are provided.
If the tenant has lease violations (owing rent doesn't count), you can give a ten day notice of termination, citing the violations and giving them an opportunity to correct it.
That would move up by almost a month this kind of action.
It is possible to file a Landlord's Petition if rent is owed - and at the same time start the action for termination by Unlawful Detainer. If one works, then you withdraw the other.
--64.12.xxx.xxx |
Ending tenancy in MO (by sid [MO]) Posted on: Dec 15, 2008 1:52 PM Message:
To the best of my knowledge, LC is:
1) Correct. A simple phone call where you leave a voice mail is sufficient demand. Technically, if your lease states that rent is due the first, this is also considered demand.
2) Written notice is required. Hand delivered is fine. If tenant refuses to answer door, send it via delivery confirmation. That way the post office notates the date the letter is delivered. That way you have something to show to the judge should it get that far.
3) Correct. If you want them out by Jan 31, you must provide written notice on or before Jan 1st. Too late for December, but you can send your notice now. If the tenant is still at the premises as of Jan 1st, you are entitle to rent for the full monthly period, assuming your agreement begins on the 1st of each month.
Now if it were me, I'd try to work something out with them until at least the end of February. This is the worst time of the year to fill a vacancy, and unless they are really just stiffing you big time I'd suggest a payment plan to them. How about $xxx every week or every two weeks to coincide with the pay periods? The delivery notice at the end of February to clear out by March 31st. You'll be ready to clean up and re-rent to the Spring crowd.
If that's not an option, file eviction today. You can file if any unpaid balance remains due.
--204.80.xxx.xx |
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