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rent - lease - evict?

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fireupyours2

Junior Member
What is the name of your state (only U.S. law)? MO
OK - this is gonna be hard ......
I responded to a add in newspaper about a house for sale and contacted owner - he said he wanted $1000 down and $270. a month for house.
I wired the money to him ($1270.) and he gave me permission to move in.
I was understanding that it was going to be simple contract for deed.
After I move in and 4 weeks after Im there I get a lease paper in the mail - to the new address.
In this lease there was way to many rules for me so I never signed lease.
he tryed calling me 1 time after that and I missed call and after 1 more month I got a 4 day evict notice and on it it stated that I have 4 days to move out UNDER THE LEASE AGREEMENT.
I didnt move and he never called again for 6 weeks, now a person comes to my door say he bought house and I need to leave in 4 days.
Whats fair is fair ..... I divied the "down payment" money into per day like this:
$270. / 30 = $9.
$1000 /9 = 111 days
if I apply that to rent then I still have 2 weeks left.
With no papers signed but I do have proof of payment and proof that I live there ..... WHATS THE LAW?
Thanks
 


Gail in Georgia

Senior Member
It would appear from your own posting that you never paid more than rent for one month as well as not bothering to sign the lease. Your deposit is not counted as rent.

If you do not honor the demand to move in 4 days the next step is a formal eviction with the local law involved.

Gail
 

acmb05

Senior Member
What is the name of your state (only U.S. law)? MO
OK - this is gonna be hard ......
I responded to a add in newspaper about a house for sale and contacted owner - he said he wanted $1000 down and $270. a month for house.
I wired the money to him ($1270.) and he gave me permission to move in.
I was understanding that it was going to be simple contract for deed.
After I move in and 4 weeks after Im there I get a lease paper in the mail - to the new address.
In this lease there was way to many rules for me so I never signed lease.
he tryed calling me 1 time after that and I missed call and after 1 more month I got a 4 day evict notice and on it it stated that I have 4 days to move out UNDER THE LEASE AGREEMENT.
I didnt move and he never called again for 6 weeks, now a person comes to my door say he bought house and I need to leave in 4 days.
Whats fair is fair ..... I divied the "down payment" money into per day like this:
$270. / 30 = $9.
$1000 /9 = 111 days
if I apply that to rent then I still have 2 weeks left.
With no papers signed but I do have proof of payment and proof that I live there ..... WHATS THE LAW?
Thanks
So you never made another payment after the initial payment? Why didn't you sign the lease? Why didn't you call the landlord back when you missed his call?

Check to make sure this new person does in fact own the house. You are considered a month to month tenant and as such proper notice will have to be given to have you move.
 

fireupyours2

Junior Member
In the lease that was titled "option" money and said it could be used as past lease payments - but again - I didnt sign it ......
As I was leave the place in better shape than I found it and no papers was signed, from your point I was just out the $1000.?
Also it was allready into the $1000 when he sent the lease papers .... "rent" was allready due and according to his lease paper - a month over due when he sent the papers.
I figured he was to at least send the 30 day court evict or something?
 

acmb05

Senior Member
It would appear from your own posting that you never paid more than rent for one month as well as not bothering to sign the lease. Your deposit is not counted as rent.

If you do not honor the demand to move in 4 days the next step is a formal eviction with the local law involved.

Gail
Not quite. A verbal demand means nothing and this is a month to month rental. It could be argued that rent was not paid on time because he did not know who the new owner was and had no way to contact him to send rent to. So first a pay or quit notice must be sent to the tenant. If the new landlord just wants him to move out and end the lease then 30 days notice is required not 4 days.
 

fireupyours2

Junior Member
So you never made another payment after the initial payment? Why didn't you sign the lease? Why didn't you call the landlord back when you missed his call?

Check to make sure this new person does in fact own the house. You are considered a month to month tenant and as such proper notice will have to be given to have you move.
no - I made the $1270. and that was it - after I read the lease I decided I didnt want to live there and am moving sometime soon ...
The lease sucked - was all full of holes and strict rules - one of such was that if I didnt pay lease in 30 days then he had right to take all personal property in house and outside and that ment autos also!!!
As lease was allready 30 days out by the time he sent them to me then he could have taken all my stuff!!
heres reason for all this really - I work out of state and my phone dont work in all areas - I was work 12 hours 7 days and did so for 2 months but my wife is there.
 

acmb05

Senior Member
no - I made the $1270. and that was it - after I read the lease I decided I didnt want to live there and am moving sometime soon ...
The lease sucked - was all full of holes and strict rules - one of such was that if I didnt pay lease in 30 days then he had right to take all personal property in house and outside and that ment autos also!!!
As lease was allready 30 days out by the time he sent them to me then he could have taken all my stuff!!
heres reason for all this really - I work out of state and my phone dont work in all areas - I was work 12 hours 7 days and did so for 2 months but my wife is there.
Which is illegal to do and is not enforceable in a lease. If he had taken all your stuff you could have sued for the value of your stuff.
 

Alaska landlord

Senior Member
OP had a verbal contract and therefore entitled to a thirty day written notice to move. That is unless he didn't pay his rent. If OP has proof that the 1000.00 is not rent, then it should be returned at the end of the lease by the owner. OP should not be prorating his rent as it will cause reason for eviction in the near future with a less than 30 day notice by new owner.

Instead of ignoring the lease OP should have contacted the owner. But then again I suspect that OP knew he was going to be having payment problems and would not be able to keep his part of the bargain. Owner was wise to sell property from under the tenant.
 

fireupyours2

Junior Member
OP had a verbal contract and therefore entitled to a thirty day written notice to move. That is unless he didn't pay his rent. If OP has proof that the 1000.00 is not rent, then it should be returned at the end of the lease by the owner. OP should not be prorating his rent as it will cause reason for eviction in the near future with a less than 30 day notice by new owner.

Instead of ignoring the lease OP should have contacted the owner. But then again I suspect that OP knew he was going to be having payment problems and would not be able to keep his part of the bargain. Owner was wise to sell property from under the tenant.
OK - I know you are on the "other side" but you dont think he was wrong for mis-inform when payment was made or fact that he didnt send lease untill AFTER next month was allready due and fact that he allowed me to move in without a signed lease?
funny you say problems with payment - this is $270 a month I earn over $1500 a week after taxes and can afford what I want - as matter of fact was going to pay this off in 7 months, live there for a while and rent it out!
I sent the down payment and first months rent out of one paycheck!
*
while I was gone (work the 12 hours 7 days) I was earn $2600 a week AFTER TAXES
 
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fireupyours2

Junior Member
Which is illegal to do and is not enforceable in a lease. If he had taken all your stuff you could have sued for the value of your stuff.
I have a pickup and a mini van parked there - along with about $40,000 worth of stuff in there .... all 100% paid for .....
The lease place is a LLC corp and could have spent years fight just to get it back along with atty fees and court dates miss work and all .... wasnt worth the $29,999. house - just didnt sign so lease not active!
 

Alaska landlord

Senior Member
OK - I know you are on the "other side" but you dont think he was wrong for mis-inform when payment was made or fact that he didnt send lease untill AFTER next month was allready due and fact that he allowed me to move in without a signed lease?
funny you say problems with payment - this is $270 a month I earn over $1500 a week after taxes and can afford what I want - as matter of fact was going to pay this off in 7 months, live there for a while and rent it out!
I sent the down payment and first months rent out of one paycheck!
*
while I was gone (work the 12 hours 7 days) I was earn $2600 a week AFTER TAXES
No, he was not wrong. He was foolish to rent to someone without a lease. It would seem that someone spoke to him about his foolishness and he attempted to correct the problem. As for the rent to own aspect of the transaction, it would never hold up in any court without a written agreement. Therefore neither one of you were bound to the agreement. A lease or a rent to own contract was needed as people will conveniently find any reason to brake a verbal agreement, including memory loss.
 
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fireupyours2

Junior Member
Not true - this is his company and I didnt know this also from the start -

Missouri Asset Services LLC
owners name - Clayton Cox
how money was sent - moneygram from walmart to Clayton Cox

I was told this was going to be a contract for deed - not lease!
Also I had to call him to get him to send the papers to me - never contacted him but got his voice mail and ask for some paper - any paper that I live here!
 

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