MO eviction update
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MO eviction update (by Calvin [MO]) Jan 28, 2009 7:29 PM
       MO eviction update (by mike [MO]) Jan 28, 2009 7:37 PM
       MO eviction update (by Calvin [MO]) Jan 28, 2009 7:43 PM
       MO eviction update (by Martin [MO]) Jan 28, 2009 8:08 PM
       MO eviction update (by Carolyn [MO]) Jan 28, 2009 11:37 PM
       MO eviction update (by sid [MO]) Jan 29, 2009 5:42 AM
       MO eviction update (by Tim [PA]) Jan 29, 2009 6:14 AM
       MO eviction update (by Calvin [MO]) Jan 29, 2009 8:28 AM


MO eviction update (by Calvin [MO]) Posted on: Jan 28, 2009 7:29 PM
Message:

State Specific Question About: MISSOURI (MO)

I have a court hearing to evict my tenants first thing in the morning. Tonight (at 9:20 PM) the tenants called me and told me they have all the rent money they owe me. I told them we'll settle it in court tomorrow. I want them gone more than I want the money.

Since they offered to pay it, does that mean they can prevent themselves from getting evicted tomorrow?

I'm feeling a bit nervous. --70.244.xxx.xxx




MO eviction update (by mike [MO]) Posted on: Jan 28, 2009 7:37 PM
Message:

what was filed, Unlawful detainer or Rent and possession? For rent and possession, if they have the money then they get to stay. Unlawful detainer is typically filed for lease violation that do not involve money and you just want them out --70.253.xxx.xxx




MO eviction update (by Calvin [MO]) Posted on: Jan 28, 2009 7:43 PM
Message:

Rent and Posession.

It just seems messed up that they're allowed to try to pay late night before the hearing. They owe late charges going back to November.

If I posted 30 days notice tomorrow could I have them out before March? --70.244.xxx.xxx




MO eviction update (by Martin [MO]) Posted on: Jan 28, 2009 8:08 PM
Message:

Then the tenants can walk in to court with the money, pay you, and will be able to stay. Be sure to include all late fees, court costs, etc in what they owe.

If you give them 30 days notice tomorrow, and they do not move at the end of February, it will take another month or so to get them out. --64.151.xx.xxx




MO eviction update (by Carolyn [MO]) Posted on: Jan 28, 2009 11:37 PM
Message:

As Mike and Martin said, if you filed a landlord's petition, the tenant can pay up as late as the close of the court house on the day you get a judgment and stay. The tenant only needs to catch up on rent - not late fees or court fees to be able to stay.

If you really want the tenant out, the an unlawful detainer is the way to go.

Sometimes I have filed both a landlord's petition (rent and possession) AND an unlawful detainer. I use whichever comes first and drop the second one. --82.224.xx.xx




MO eviction update (by sid [MO]) Posted on: Jan 29, 2009 5:42 AM
Message:

Hi Calvin, glad to hear you're getting the ball rolling. As you've learned, the eviction process is a joke wherein the tenant pretty much mocks the promise he/she made in your contract, dangles you on a string, then comes begging for mercy at the last possible seconds and (usually) gets it.

Check in again with Craig Lowther or one of his assistants. Last I heard, the tenant DOES have to pay up all fees as well (court costs, attorney fees, late fees). Do you have a clause in your lease that says all payments go toward fees and charges first? That may be what's causing the hang up.

Craig's group does evictions 5 days a week, 52 weeks a year. He'll get you thru this. Probably you'll do exactly what I did after my first fiasco; re-write criteria for selecting tenants and screen, screen, screen. So much better to have good tenants and slightly longer vacancies than to run a "revolving door" rental biz. Good luck today! --204.80.xxx.xx




MO eviction update (by Tim [PA]) Posted on: Jan 29, 2009 6:14 AM
Message:

I had a tenant do this 3 times, basically she paid over 100 more per month each time, I didn;t mind because she never caused any other problems, the 4th time she never showed and was gone in 30 days. --71.61.xx.xx




MO eviction update (by Calvin [MO]) Posted on: Jan 29, 2009 8:28 AM
Message:

Thank you all for your support.

My tenants didn't show up to court this morning (despite their bluff) and I got a judgment for eviction. They'll be removed by the sheriff in five days and I'm told I won't need to file an unlawful detainer (which surprised me).

Sid, Gregg Groves of Lowther Johnson was very affordable and helpful. Thanks for the recommendation. I'm going to spend some time re-examining my screening strategies now. --70.244.xxx.xxx





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