Abandoment
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Abandoment (by Kate [MO]) Aug 4, 2010 3:31 PM
       Abandoment (by Dave [MO]) Aug 4, 2010 3:54 PM
       Abandoment (by Carolyn [MO]) Aug 4, 2010 4:06 PM
       Abandoment (by George [MO]) Aug 4, 2010 4:23 PM
       Abandoment (by mike [MO]) Aug 5, 2010 6:01 AM


Abandoment (by Kate [MO]) Posted on: Aug 4, 2010 3:31 PM
Message:

State Specific Question About: MISSOURI (MO)

I have a tenant that up and left the property with unpaid rent and utilities. i have posted notice about the abandonment waste to property and failure to pay rent and sent a letter cetf. mail to her last known address. after receiving this letter back she then calls me today and wants to get SOME of of things not all but some! she had a load of bugs fleas roaches ants, marker drawn all over walls basically really messed the place up. I'm now in the process of cleaning this of course and she calls, Not only that but she has a another apartment, and she has her case worker from Missouri valley call as well demanding i let her in. Do i have to let her in in fear of what she will create a bigger mess than what i already have. I mean we are not a storage unit this is a apartment and she wants only some! of her things what would you do??? --99.118.xxx.xxx




Abandoment (by Dave [MO]) Posted on: Aug 4, 2010 3:54 PM
Message:

Kate, in Mo. you should post 10 day notice of abandament and send cerf. letter to address, stating you will place belongings at the curb on the 10th day. You might also state what you will do with deposite offset repairs ect. Well this is what I did last week and mommy came and got his junk on the 8th and 9th day. Saves you from having to move it to curb. You cant keep her belongings from her. If you are concerned what she will do meet her at the house with a witness or have local law enforcement do a standby. --70.134.xx.xxx




Abandoment (by Carolyn [MO]) Posted on: Aug 4, 2010 4:06 PM
Message:

You should have done as Dave described. Here is the relevant part of the Missouri statutes.Abandonment of rental premises, when, procedure.

441.065. Any property of a tenant remaining in or at the premises, after the tenant abandons the premises, may be removed or disposed of by the landlord without liability to the tenant for such removal or disposition. The premises shall be deemed abandoned if:

(1) The landlord has a reasonable belief that the tenant has vacated the premises and intends not to return;

(2) The rent is due and has been unpaid for thirty days; and

(3) The landlord posts written notice on the premises and mails to the last known address of the tenant by both first class mail and certified mail, return receipt requested, a notice of the landlord's belief of abandonment. The notice shall include the following, where appropriate: "The rent on this property has been due and unpaid for thirty consecutive days and the landlord believes that you have moved out and abandoned the property. The landlord may declare this property abandoned and remove your possessions from this unit and dispose of them unless you write to the landlord stating that you have not abandoned this unit within ten days of the landlord having both posted this notice on your door and mailing this notice to you. You should mail your statement by regular first class mail and, if you so choose, by certified mail, return receipt requested, to this address . . . . . . . . . . . (here insert landlord's name and street address)"; and

(4) The tenant fails to either pay rent or respond in writing to the landlord's notice within ten days after both the date of the posting and deposit of such notice by either first class mail or certified mail, return receipt requested, stating the tenant's intention not to abandon the premises.

(L. 1997 H.B. 361) --64.12.xxx.x




Abandoment (by George [MO]) Posted on: Aug 4, 2010 4:23 PM
Message:

She called you - you should make sure that

1 --75.87.xxx.xxx




Abandoment (by mike [MO]) Posted on: Aug 5, 2010 6:01 AM
Message:

the loop hole in the Mo LL law for abandonment is that - all the tenant needs to do is send a letter that states that they are still there. This letter is not certified and they really have no proof of it being sent or not sent. I try to avoid using abandonment tactics unless I know they are gone.

Let her in to get her stuff and then change locks and move forward to get it clean and rented --70.239.xxx.xxx





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