 Unpaid rent (by Hend [MO]) Sep 6, 2011 4:26 PM
 Unpaid rent (by frank [NJ]) Sep 6, 2011 4:49 PM
Unpaid rent (by Bill [TX]) Sep 6, 2011 4:56 PM
Unpaid rent (by ctlandlord [CT]) Sep 6, 2011 4:56 PM
Unpaid rent (by Hend [MO]) Sep 6, 2011 6:09 PM
Unpaid rent (by mike [MO]) Sep 6, 2011 6:58 PM
Unpaid rent (by Lois [CA]) Sep 6, 2011 7:02 PM
Unpaid rent (by Lois [CA]) Sep 6, 2011 7:02 PM
Unpaid rent (by Martin [MO]) Sep 6, 2011 7:28 PM
Unpaid rent (by Carolyn [MO]) Sep 6, 2011 7:31 PM
Unpaid rent (by Martin [MO]) Sep 6, 2011 7:46 PM
Unpaid rent (by Hend [MO]) Sep 6, 2011 8:16 PM
Unpaid rent (by Virden [OH]) Sep 7, 2011 5:44 AM
Unpaid rent (by Kay [KS]) Sep 7, 2011 9:24 AM
Unpaid rent (by Hend [MO]) Posted on: Sep 6, 2011 4:26 PM
Message:
State Specific Question About: MISSOURI (MO)
I do have a tenant, that violated their contract, by not cutting the grass and the weed and kept the property massy from the out side, so I have to send them a notice of violation of the agreement for the 2nd time stating that I will terminate their contract if they dont comply with the agreement.
so they sent me the rent for September and stop that check and called me asking me if they can move out and break the contract but I stated that I wont be able to do that, they have to stay till the contract finished, so today went to the bank and found out that they stpped the check they wrote me, and told me they will be moving out of they property the end of this month, but they will not pay me this month rent because they need that money to move to somewhere else, they contract will be up in March 2012.
my question now is...what do I have to do with these kind of tenants? this is really the 1st time this happen to me that I end up with a bad ones.
can someone please help me in here and guide me to the right steps that I should take now.
thank you all --97.88.xxx.xxx |
Unpaid rent (by frank [NJ]) Posted on: Sep 6, 2011 4:49 PM
Message:
simple enough.
get a lawyer to assist you in the eviction process.
do it...YESTERDAY! --75.250.xx.xxx |
Unpaid rent (by Bill [TX]) Posted on: Sep 6, 2011 4:56 PM
Message:
Frank said it best!
--75.20.xxx.xx |
Unpaid rent (by ctlandlord [CT]) Posted on: Sep 6, 2011 4:56 PM
Message:
with any luck in your county a stop check on a valid debt could be something to see sherrif.
Thsi happens all the time,
Just advertise and rerent then go after them for small claims
In the future do not start hostility until after that months rent paid --99.20.xx.xxx |
Unpaid rent (by Hend [MO]) Posted on: Sep 6, 2011 6:09 PM
Message:
Ctlandord.
can you explain to me more what do you mean by to see the sherrif?
thanks in advance for your help
and thank you all for you quick replies
--97.88.xxx.xxx |
Unpaid rent (by mike [MO]) Posted on: Sep 6, 2011 6:58 PM
Message:
you asked that the contract be terminated since they did not cut the grass. Might be better to request grass to be cut or you will charge them to have it cut --108.80.xxx.xxx |
Unpaid rent (by Lois [CA]) Posted on: Sep 6, 2011 7:02 PM
Message:
From a quick Google search: Regarding the stop payment of the rent check:
"you may consider contacting your local prosecuting attorney. In Missouri, a person commits the crime of "fraudulently stopping payment of an instrument" if he, knowingly, with the purpose to defraud, stops payment on a check or draft given in payment for the receipt of goods or services. Typically, the PA will reduce or drop the charge if the person makes good on the check to you." --75.36.xxx.xx |
Unpaid rent (by Lois [CA]) Posted on: Sep 6, 2011 7:02 PM
Message:
From a quick Google search: Regarding the stop payment of the rent check:
"you may consider contacting your local prosecuting attorney. In Missouri, a person commits the crime of "fraudulently stopping payment of an instrument" if he, knowingly, with the purpose to defraud, stops payment on a check or draft given in payment for the receipt of goods or services. Typically, the PA will reduce or drop the charge if the person makes good on the check to you." --75.36.xxx.xx |
Unpaid rent (by Martin [MO]) Posted on: Sep 6, 2011 7:28 PM
Message:
You need to 1) attempt to contact the tenant. Give them 3 days to make good on the check. Explain to tenant that they owe the rent until the end of the lease. Then 2) contact your local prosecutor. Stopping payment on that check is probably a felony. Then 3) file the eviction. --99.102.xxx.xx |
Unpaid rent (by Carolyn [MO]) Posted on: Sep 6, 2011 7:31 PM
Message:
I think my answer went into cyberspace, so I will try again.
Terminating for not cutting the grass seems like overkill. As Mike said, it would have made more sense to give them a deadling to cut it, and if not cut by then you would have it cut and bill them. My lease in fact lets me do that without notice if the grass is more than 8 inches tall.
If you as landlord terminate a lease, than the tenant can move without being obligated for further rent. In fact, some times a tenant who wants to break a lease will deliberately violate something that will result in the landlord sending notice of termination. It may not seem fair, but that is how it works in Missouri.
It doesn't sound as though you actually termianted it yet, but they could argue in court you had.
I would just let them go. Be sure to have a move-out inspection and mail the appropriate security deposit accounting. Then, if they are collectible, go after them for money owed through small claims court. However, you will need to know where to have them served.
That is where your application comes in handy - information on it helps you with collections later. --70.230.xxx.xx |
Unpaid rent (by Martin [MO]) Posted on: Sep 6, 2011 7:46 PM
Message:
Mike and Carolyn are right about the mowing. I did not mention it in my earlier answer because you don't want to get into that issue with the tenant.
Hopefully, your tenant is not smart enough to say "The LL said he would terminate the lease if I didn't mow the grass, and I didn't mow the grass". --99.102.xxx.xx |
Unpaid rent (by Hend [MO]) Posted on: Sep 6, 2011 8:16 PM
Message:
well, I tried to be nice to them, but they dont listen, went to the house couple of times and asked them to clean the back yard from all the weed and braches....then send them the 1st notice but the husband kept telling me didnt have time cz he works 2 jobs and cant do it. also they never paid the sewer bill, the 1st time they paid it was after almost it went to the collection agency after 3 months, then the 2nd it is 2 months now and they havent paid it. so it is not only for cutting the grass though.
I havent terminated them yet, it was just a notice of a violation but it was mentioned there that if they dont do it, there will be conciquences such as termination.
and I guess they just dont have the money to pay my rent, so they found now the excuse that they will leave the house in the end of this month but without paying me the rent for it. --97.88.xxx.xxx |
Unpaid rent (by Virden [OH]) Posted on: Sep 7, 2011 5:44 AM
Message:
They broke the contract by not paying, this is the most common reason for eviction, proceed to find a flat-fee atty to eject them and pursue the emergency contacts to recover your damage (money) award, did you inspect the interior when you were over to ask them about the yard? --76.241.xxx.xxx |
Unpaid rent (by Kay [KS]) Posted on: Sep 7, 2011 9:24 AM
Message:
I think their eviction notice from you is long overdue. In an eviction notice, the Tenant is still liable for rent until the day he vacates the premises. I would want to get them out of there YESTERDAY and move on to finding a tenant who will live within the rules of the lease. Give them an eviction notice now - TODAY - stating the terms of the eviction. Get them out of there as soon as possible. Focus on getting your unit in good condition again and most of all, rented again! This is a good time of year to find new tenants. You can go after these bad tenants later. It sounds like you have grounds for several complaints against them. --64.151.xx.xxx |
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