Problem tenant

[TigerD]

What is the name of your state (only U.S. law)? Mo

I'd like some thoughts. I have a problem tenant. Nothing too unusual there, however, in my area,they won't give you an eviction date until late Aug. This is the first tenant I've had to evict here. (I'm usually pretty good at picking them) So, I'm getting creative at getting this guy to move.

On Monday, we removed all the appliances and "accidentally" let the dog that wasn't supposed to be living there loose. Fortunately the dog catcher was right down the street. It was a scary dog. We jumped back in fear and it took off. Nothing I could do about it. -- yes, the tenant received notice that I was coming for the appliances and the lease specifically leased the property without appliances.

On Friday, I am thinking about removing the front door for repair, it has some damage where someone kicked it. I think we will be able to have it repaired and remounted in three to four weeks. Provided we can get the parts.

Next week, if that doesn't work, I am considering fixing the hot water heater. Of course, my plumber will have to take it to his shop for testing.

They didn't take care of the yard, so I had my lawn guy mowing and weed eating at 7:30 every day this week.

Anybody have other suggestions?

DC

 

[justalayman]

dc. shame on you.

honestly, if the tenant has an IQ over 80, he should be able to figure out these are acts of constructive eviction. I do not know what your state provides to the tenant as punitive action of the landlord but this is not that hard to see.

this is from:

Missouri Law

Self-Help Eviction Illegal in Missouri

WARNING: In Missouri, the only legal way to evict a tenant is through court action.

So-called "self-help" evictions, where the landlord physically removes a tenant and/or the tenant's property without a court order, or attempts to exclude the tenant by changing locks, removing doors, or turning off utilities, are illegal. (The only exception is when you temporarily shut off utilities for health or safety reasons, such as a gas or water leak.)

If a landlord uses such self-help eviction techniques, the tenant can sue for wrongful eviction (technically, "forcible entry and detainer"). The tenant can recover any actual damages proved by the tenant and can also claim punitive damages.

 

[Antigone*]

What is the name of your state (only U.S. law)? Mo

I'd like some thoughts. I have a problem tenant. Nothing too unusual there, however, in my area,they won't give you an eviction date until late Aug. This is the first tenant I've had to evict here. (I'm usually pretty good at picking them) So, I'm getting creative at getting this guy to move.

On Monday, we removed all the appliances and "accidentally" let the dog that wasn't supposed to be living there loose. Fortunately the dog catcher was right down the street. It was a scary dog. We jumped back in fear and it took off. Nothing I could do about it. -- yes, the tenant received notice that I was coming for the appliances and the lease specifically leased the property without appliances.

On Friday, I am thinking about removing the front door for repair, it has some damage where someone kicked it. I think we will be able to have it repaired and remounted in three to four weeks. Provided we can get the parts.

Next week, if that doesn't work, I am considering fixing the hot water heater. Of course, my plumber will have to take it to his shop for testing.

They didn't take care of the yard, so I had my lawn guy mowing and weed eating at 7:30 every day this week.

Anybody have other suggestions?

DC

DC the shame... why in the heck didn't the gardeners start at 5:30am? I'd have even given them an extra hundy to do that.

 

[TigerD]

dc. shame on you.
honestly, if the tenant has an IQ over 80, he should be able to figure out these are acts of constructive eviction. I do not know what your state provides to the tenant as punitive action of the landlord but this is not that hard to see.

Yeah. Grumble Grumble. I'm not taking the door off. But on the upside, if I did, he couldn't get a court date for at least 45 days.

Seriously, I pay interest on all my deposits and have never let a needed repair go unfixed. But this guy is nasty. There is literally an inch of animal waste on my hardwood floors. I have never seen this kind of destruction before. It'll cost thousands to bring back into habitable condition.

This is a tenant I want to play dirty with -- as dirty as I can get without actually stepping over the line. I just honestly don't know the tricks. I stumbled on the idea of removing appliances while brainstorming with an associate. I had that clause in my lease because 14 years ago, I had a tenant attempt to refuse to pay her rent because a burner on the stove top broke.

So I need dirty tricks that don't cross the line.

 

[Antigone*]

I'm not sure where I read it, but I remember reading that even though you could not evict the tenant, there was nothing to stop you from moving in.

Hey Alaska or Cvillepm should be around shortly. I'm sure those um... magic folk something up their sleeves for you.

 

[TigerD]

I'm not sure where I read it, but I remember reading that even though you could not evict the tenant, there was nothing to stop you from moving in.

Hey Alaska or Cvillepm should be around shortly. I'm sure those um... magic folk something up their sleeves for you.

I seen the place now. I won't let my people go in to clean without proper protection. Frankly I'm think about calling DHSS regarding the kids living there.
DC

 

[Antigone*]

I seen the place now. I won't people go into clean with proper protection. Frankly I'm think about calling DHSS regarding the kids living there.
DC

If the children's health is in danger, and you truly believe it is, it is your duty to inform the authoritites of the filth they are living in. This card may only be a 10 of hearts, but it is something.

 

[justalayman]

well, that's a horse of a different color.

534.070. Complaint and summons--court date1. When complaint to the circuit court of the proper county shall be made in writing, signed by the party aggrieved, his agent or attorney, and sworn to, specifying the lands, tenements or other possessions so forcibly entered and detained, or unlawfully detained, and by whom and when done, it shall be the duty of the clerk of the court to issue a summons directed to the sheriff or proper officer of the county, commanding him to summon the person against whom the complaint shall have been made to appear, at a day in such summons to be specified.
2. A court date shall be assigned at the time the summons is issued. The court date shall be for a day certain which is not more than twenty-one business days from the date the summons is issued unless, at the time the case is filed, the plaintiff or plaintiff's attorney consents in writing to a later date.

that should put you at early August, at the latest, unless the court plays around prior to issuing the summons. I do not see how the courts can refuse to abide by state statute.

you need to research this DC. Start with Miss RS 441.710, 441.720, 441.740.

I did not read all the specifics nor all the associated statutes but it does appear there is an immediate eviction available in special circumstances, which laying waste to the premises is included. There was a dollar threshold to meet which you would have to review and determine if applicable.

I wasn't aware of the children and health problems, There is a section for such things along with what I started you with.

 

[TigerD]

well, that's a horse of a different color.
that should put you at early August, at the latest, unless the court plays around prior to issuing the summons. I do not see how the courts can refuse to abide by state statute.
you need to research this DC. Start with Miss RS 441.710, 441.720, 441.740.
I did not read all the specifics nor all the associated statutes but it does appear there is an immediate eviction available in special circumstances, which laying waste to the premises is included. There was a dollar threshold to meet which you would have to review and determine if applicable.
I wasn't aware of the children and health problems, There is a section for such things along with what I started you with.

Yes. The clerk won't issue the summons because the judge only hears "this kind of case" once per month and that was Monday.

I will research those other circumstances and probably just hand it over to my lawyer -- although it should not take a lawyer to do a gosh darned eviction.

DC

 

[justalayman]

if all else fails, the health department can shut down occupation instantly if it is as filthy as you suggest.

 

[TigerD]

if all else fails, the health department can shut down occupation instantly if it is as filthy as you suggest.

Valid point, I'll call the health department tomorrow.

DC

 

[sandyclaus]

And...

Notify the tenant that you will be doing a complete inspection on the property. That way you can fully document (photos and/or video) the conditions for your case.

And don't forget to call in IHSS/Children's Services about those kids. If you can't get the tenant out fast, at least you can get the kids away from the squaller if it's that bad.

 

[Ohiogal]

Does your lease grant the tenants appliances? In other words are the appliances included in the rent?

 

[ecmst12]

You can't remove the hot water heater either.

 

[Baranov]

DC your approach though I agree with the tactics you are using can get your tenant awarded free rent for an undetermined amount of time. Apliances that came with the rental cannot be removed unless they are defective. I would remove and photograph the "damage." It would be a shame if you sent him an certified letter of eviction and someone stole it from the mailbox. Serriously, stay on the legal side of the law. Clean, repair, and find a renter. If you can't find a good renter, let the property sit till you do.

If your city or county were to red tag the apartment, there would be no need to evict. They will do your job for you.