 eviction for pets (by Margaret Shepard [CA]) Jul 12, 2010 12:52 PM
 eviction for pets (by Reid [KS]) Jul 12, 2010 1:04 PM
eviction for pets (by Carolyn [MO]) Jul 12, 2010 1:13 PM
eviction for pets (by Margaret Shepard [CA]) Jul 12, 2010 1:26 PM
eviction for pets (by Carolyn [MO]) Jul 12, 2010 1:26 PM
eviction for pets (by Carolyn [MO]) Jul 12, 2010 1:29 PM
eviction for pets (by Gwen [MO]) Jul 12, 2010 1:41 PM
eviction for pets (by Carolyn [MO]) Jul 12, 2010 2:05 PM
eviction for pets (by Carolyn [MO]) Jul 12, 2010 2:08 PM
eviction for pets (by Margaret [CA]) Jul 12, 2010 2:20 PM
eviction for pets (by Natalie [CA]) Jul 12, 2010 3:21 PM
eviction for pets (by Margaret [CA]) Jul 12, 2010 3:36 PM
eviction for pets (by Virden [OH]) Jul 12, 2010 4:51 PM
eviction for pets (by Chris [CA]) Jul 12, 2010 11:17 PM
eviction for pets (by Brad [MO]) Jul 12, 2010 11:32 PM
eviction for pets (by Carolyn [MO]) Jul 13, 2010 5:57 AM
eviction for pets (by Margaret Shepard [CA]) Posted on: Jul 12, 2010 12:52 PM
Message:
State Specific Question About: MISSOURI (MO)
We are an out of state landlord of a duplex in Nixa, MO. We have served 30 day notice on a tenant for breach of signed rental agreement stipulating that there are to be no pets and the residence is to be maintained in a sanitary condition. The tenant has been housing upwards of two dozen cats in the garage and house and there have been numerous complaints filed with the PD. We need to proceed with eviction. The only form I can locate to file with the court is for non-payment of rent. Is this the form we must file? If not, where do we get the appropriate form? Many thanks. --67.126.xx.xxx |
eviction for pets (by Reid [KS]) Posted on: Jul 12, 2010 1:04 PM
Message:
If you are renting MTM merely give 30 days notice. If you have a lease what does it say about remedies for non compliance? Since you are out of state it may pay to get an atty to do the eviction for you. --70.244.xx.xxx |
eviction for pets (by Carolyn [MO]) Posted on: Jul 12, 2010 1:13 PM
Message:
You need to file an unlawful detainer. You probably won't find a form for it online. They are a little trickier than the landlord's petition (rent and possession). Many persons just use an attorney. I assume you aren't in town, so you may need to use one anyway since probably you can't come to court.
The first time I did one, close to 30 years ago, I went to the university law library that is less than 3 blocks from my house and looked up about ti. I also went to the courthouse and checked out a file of one that someone had done.
You are at a disadvantage being from out of state.
--205.188.xxx.xx |
eviction for pets (by Margaret Shepard [CA]) Posted on: Jul 12, 2010 1:26 PM
Message:
Wow. Thanks for the prompt replies! We have a property manager who is authorized to go to court for us, as well as family in the area. I want to become familiar with the process and would very much like to avoid hiring an attorney. Anyone know where I can get the unlawful detainer form? I do not live near a university library unfortunately.
In the event that it doesn't work out to do it ourselves, any estimates on what an attorney will cost?
Many thanks --67.126.xx.xxx |
eviction for pets (by Carolyn [MO]) Posted on: Jul 12, 2010 1:26 PM
Message:
If you can give me a little more information about how you intend to handle this, I probably can help a little more.
Do you own the property as individuals or as an LLC?
Do you ahve a property manager?
What person do you intend to have go to court for you? Will you be heer and do it yourself? Or do you have an attorney in the area where the property is?
How experienced are you at handling an eviction? --64.12.xxx.xx |
eviction for pets (by Carolyn [MO]) Posted on: Jul 12, 2010 1:29 PM
Message:
We were posting at the same time.
I am not familiar with the city you mention. What county is it in?
Unless your property manager is very familiar with unlawful detainer action, i wuoldn't trust her to handle one. They can be tricky. A tinyh error can get one thrown out, and you have to start again.
I haven't done one in a long, long time - but I can check to see if I have a copy of something I have done.
--64.12.xxx.xx |
eviction for pets (by Gwen [MO]) Posted on: Jul 12, 2010 1:41 PM
Message:
Carolyn, FYI - Nixa is in Greene county and is like a suburb of Springfield.
She states that they have a property manager who can go to court on their behalf. Wondering why the property manager wouldn't know about the unlawful detainer. --170.29.xx.x |
eviction for pets (by Carolyn [MO]) Posted on: Jul 12, 2010 2:05 PM
Message:
Gwen, before I saw your post I looked Nixa up. It described itself as the fastest growing city in Missouri, and so I was surprised I had never heard of it. But then I saw that in the 2000 census is was 12,124 I feel better now. --64.12.xxx.xx |
eviction for pets (by Carolyn [MO]) Posted on: Jul 12, 2010 2:08 PM
Message:
Margaret, this has nothing to do with eviction, but generally it is better not of post your full name on sites like this. I use my real first name, but many are even more anonymous than that, using nicknames, middle names, etc.
However, a lot of us have become friends - and many of us have met each other in person. Some have even made a trek to help another from the site who is overwhelmed with work. --64.12.xxx.xx |
eviction for pets (by Margaret [CA]) Posted on: Jul 12, 2010 2:20 PM
Message:
Thanks for the info, point well taken about name, new to this. Nixa is in Christian County. New property manager as well, do want to do this correctly. Still looking for petition for unlawful detainer form. Thanks again. --67.126.xx.xxx |
eviction for pets (by Natalie [CA]) Posted on: Jul 12, 2010 3:21 PM
Message:
Tell PM to go to court and get UD form. --67.176.xxx.xxx |
eviction for pets (by Margaret [CA]) Posted on: Jul 12, 2010 3:36 PM
Message:
Interestingly, the court does not supply those forms and was absolutely of no assistance- could not even direct me where to get one,
I'm hiring an attorney. Thanks all. --67.126.xx.xxx |
eviction for pets (by Virden [OH]) Posted on: Jul 12, 2010 4:51 PM
Message:
If the property manager does not know how to do an eviction they need to get to school, if they have not passed the bar they can not represent you in court so an atty is needed anyway - in my area we pay 350-400 for both eviction then damages including court time - I make 3 copies of everything and deliver to atty office so they can just get going without questions. --76.241.xxx.xxx |
eviction for pets (by Chris [CA]) Posted on: Jul 12, 2010 11:17 PM
Message:
Are you M2M? Try finding a Notice to Cure. And call out both, Code Enforcement and Animal Control. Animal hoarding is the tip of the iceberg, where will be more LL issues, you can bet on that!
When was the last time you were inside this place? --125.25.x.xxx |
eviction for pets (by Brad [MO]) Posted on: Jul 12, 2010 11:32 PM
Message:
I don't know if they do Christian County, but I know in Springfield that Lowther Johnson is about the most affordable attorney to do evictions and unlawful detainers. I used attorney Gregg Groves for an eviction.
Seems like they charged between $150 and $250. --75.42.xxx.xxx |
eviction for pets (by Carolyn [MO]) Posted on: Jul 13, 2010 5:57 AM
Message:
Be sure that both you and the property manager understand some of the distinctions betweena Landlord's Petition and an Unlawful Detainer.
With a Landlord's Petition, you are obligated to accept any rent offered, as late as when in the court roomor even later in the same day in my courts,
With an Unlawful Detainer, you CAN NOT accept any rent. You have terminated the lease, and if you accept rent for future times, you are canceling your termination of the lease. I am assuming July rent already was paid before you gave notice of termination. Assuming you proceed with an UD, you can not accept August rent - even if the tenant is still living there and offers you the rent. --205.188.xxx.xx |
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