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Here4Info

New member
What is the name of your state? Missouri

Told tenants verbally and via text that they are evicted immediately due to breaking lease by having a pet. They are also behind on rent. They stayed on property for a week and left. They have only returned once to collect a few belongings. Have not returned in a week...how long before I can remove their things?
 


Shadowbunny

Queen of the Not-Rights
MO Rev Stat § 441.065 (2013)

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)
 

justalayman

Senior Member
And after a bit of investigation, we see it wasn’t lawful.

441.040. Landlord may take possession, when — landlord liable, when, burden of proof. — If any tenant violates the provisions of section 441.020 or 441.030, the landlord, or person holding under the landlord, after giving ten days' notice to vacate the premises, shall have a right to reenter the premises and take possession of the premises, or to oust the tenant, subtenant or undertenant of any person on the premises with the permission of the lessee, sublessee or underlessee by the procedure specified by law. The landlord shall have the burden to prove that the premises were being used for the illegal possession, sale or distribution of controlled substances under a petition filed for that reason, but the landlord shall not be liable for any damages resulting from the landlord's reliance on written notification to the landlord by a law enforcement authority that the premises are being used for the illegal conduct described in section 441.020.
You were required by law to provide them with a 10 day written notice. You provided neither a 10 day notice nor was it presented in written form.

I would suggest playing nice at this point since you illegally evicted them
 

LdiJ

Senior Member
And after a bit of investigation, we see it wasn’t lawful.



You were required by law to provide them with a 10 day written notice. You provided neither a 10 day notice nor was it presented in written form.

I would suggest playing nice at this point since you illegally evicted them
Yep, flat out illegal eviction. The last thing you want to do is junk or steal their property.
 

STEPHAN

Senior Member
Told tenants verbally and via text that they are evicted immediately due to breaking lease by having a pet.
You are lucky if they do not sue you. You do not have the right to evict anybody. Not because of a pet or missing payments.
 

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