Posted by Philip on March 28, 2005 at 14:33:24:
nt
First Eviction - Posted by Philip
Posted by Philip on March 27, 2005 at 14:52:28:
I read Missouri’s Landlord/Tenant law and it says “self eviction” is not legal in Missouri. Of course that sounds like you can’t evict yourself!
I guess they meant to say there is a legal process to follow.
I know you do it through the courts and a sheriff serves the notice.
Tommorrow I plan on filing on a non-paying renter.
Should I hire an attorney the first time or can I do this on my own?
I have read these archives as well as Missouri’s L/T law and just don’t understand enough details.
BEFORE you say to check locally…I already know that; and am going to the courthouse next week.
Sometimes people at the courthouse don’t really know what to tell a person though…many of them just do the clerical work and only understand it from their end.
Any Missourians with any thoughts? (Aside from "ask your local officials, many times experienced landlords can explain it easier than people from other angles)
Philip
Who does the PM use ? - Posted by Keith (OH)
Posted by Keith (OH) on March 28, 2005 at 08:15:39:
I would call a few local property management companies and find out who they use. OR even better get a referral from the PM. Thier attorney will be much better educated in mobile home evictions. Hire them the first time but walk through the process with them and find out the answers to all your questions.
My cost a little more but if and when there is a next time you will be well prepared.
Good Luck,
Keith
Re: First Eviction - Posted by Michael(KCMO)
Posted by Michael(KCMO) on March 27, 2005 at 21:18:52:
Philip,
I’m probably not much help because I haven’t actually done an eviction yet. I’ve had to repo some homes, but have always been successful in working something out w/ them wherein they leave voluntarily and leave the home in good condition (and sign all the needed paperwork). In exchange I agree to forgive what they owe and not mess up their credit w/ a repo or judgement.
Plus, what would it cost to hire an attorney and pay court costs? About $300 - $400 in my county. Offer the tenants some amount less than that in order to be out in a week and leave the home in good shape.
Would they be amicable to either of those ideas?
Regards,
Michael(KCMO)
816-665-5408
P.S.
Haven’t seen you posting in a while. How are things going down in your neck of the woods? Will we all have the pleasure of meeting you in STL next week?
Re: First Eviction - Posted by Steve-MO
Posted by Steve-MO on March 27, 2005 at 20:06:51:
I know you don’t want to hear this, but it depends on the county you’re evicting in. Some counties require you to hire an attorney to do any type of eviction and some counties do not. It also depends on the reason you are evicting. If you are evicting for nonpayment of rent, most counties will allow the landlord to represent themselves in rent and possession cases. However, if you are evicting for other reasons, you may want to hire an attorney even though it may not be required. I suggest this because it will not be as simple as a case for nonpayment of rent.
Excellent idea, thanks, nt - Posted by Philip
Posted by Philip on March 28, 2005 at 14:36:27:
really nt
They won’t respond - Posted by Philip
Posted by Philip on March 28, 2005 at 07:53:14:
When they won’t respond I cant try to talk them into something or anything.
That is definetly the best way.
In Jasper County I can represent myself for mobiles only, but this is mobile on land.
(Cant be done through small claims because they were renting to own the land as well)
Things are fine here.
Seasonal items are almost over for my job…such as Easter Candy, Easter Cookie Dough, Easter this and that…so I should have more time soon.
No, I won’t be at the convention, but have fun and learn a lot so I can ask you a bunch of questions.
Philip
Re: They won’t respond - Posted by Steve-MO
Posted by Steve-MO on March 28, 2005 at 08:17:48:
Do you have an eviction of a repo?
Re: Non-payment is the reason NT - Posted by Steve-MO
Posted by Steve-MO on March 28, 2005 at 08:23:31:
If it is an eviction for nonpayment, it is very simple. Once they are over 30 days past due you can file against them. You will get a court date and they will be asked if they are delinquent and if so how much. If they have that amount to pay you that day, they are allowed to stay. If not, you are given judgement for the amount of rent they owe you and possession of your property within so many days depending on the judge and the county(typically 7-10 days).
Evicting tenant/buyers from a RTO mh with land nt - Posted by Philip
Posted by Philip on March 28, 2005 at 14:35:21:
n