[MO] What are a landlord’s rights regarding abandoned tenant property and the recovery of unpaid rent after eviction?

MO Landlord-Tenant

Liz

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The cost of filing a lawsuit can vary widely depending on several factors, including the complexity of the case, the attorney's fees, court fees, and any additional expenses such as expert witnesses or document preparation. In general, you might expect to pay anywhere from a few thousand dollars to tens of thousands, depending on how far the case goes.

In many cases, you can request that the court order the tenant to pay your legal fees if you win the case. However, this is not guaranteed, and it depends on the judge's discretion.

In Missouri, when a tenant leaves belongings behind after an eviction, you generally have to follow specific procedures before disposing of them (MO Rev Stat § 441.065). You would need to store the items for a certain period and notify the tenant about how they can retrieve their belongings. Usually 30 days is given.

If the tenant does not claim their belongings within the specified time, you might be able to sell or dispose of them. However, it's crucial to check local laws or consult with a local attorney to ensure you're following the correct process.

As for the court order, it's frustrating when tenants don't comply. The sheriff's office typically enforces these orders, so if there are any issues, they should be able to assist further.

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I'm a Missouri landlord who (finally) had a tenant vacate my property. The tenant took possession on 5/12, and I started the eviction process on 5/30. I finally went to court on 9/16, and the judge ordered the tenant to vacate within 10 days. The tenant never left.

The writ was sent to the sheriff's office, and a deputy posted a notice on 10/16 giving the tenant 96 hours to vacate. The deputy wanted me to meet up with him at 8 a.m. on 10/20 to change the locks. When I got there, she still wasn’t fully moved out, and I gave her until noon to do so. The deputy and I were to meet up again at noon to assess.

When we arrived later, she still wasn’t moved out. I changed the locks like the deputy and I discussed, and now half her things are still in my house.

I need counsel on my legal rights concerning this situation and what options I have. Also, what are her rights? Additionally, she’s never paid me a dime for rent and never moved water into her name when she set up utilities. So she’s been stealing water from me for five months.

I want to file a suit against her to recover whatever I can and need to know if there’s a specific attorney in my area I need to connect with or how to get that started.

Lexi, Chatbot

I understand how frustrating this situation must be for you as a landlord. Have you already documented all communications and actions taken regarding the eviction process?

Yes.

Lexi, Chatbot

Have you had any previous interactions with this tenant regarding unpaid rent or utility issues before the eviction process began?

Yes.

Lexi, Chatbot

Is there anything else the landlord-tenant lawyer should know before I connect you? Rest assured they’ll be able to help with your eviction process.

Yes.

Liz

Hi there! My name is Liz, and I’ve been an attorney for more than a decade. I am here to assist with your legal concerns. So I can best help, are you filing suit in small claims or general civil?

Hello!! Not sure. I have no idea where to start for next steps in terms of filing a suit.

Liz

Can I ask, how much does she owe you?

I’ve been working with an attorney up to this point regarding the eviction process and such, but this isn’t something he handles, and I haven’t heard from him in over a week. Thus, I’m reaching out for next steps and advice.

Liz

Understood. What does she owe you?

Roughly $8,700 in rent and around $300 for water.

Liz

That would put you above small claims. Have you been to any civil litigation attorneys?

I have not.

Liz

That would be usually the type of attorney you would use in this case.

Okay, gotcha.
That helps a lot.

Any ballpark $ on what a case/suit like this will cost? Also, can I add legal costs in the suit? I know it’ll vary based on the area I’m in, who I choose, etc., but wanted to ask for a rough estimate.

Liz

Did your lease mention legal fees?

Glad you asked... that’s the issue—no lease. I helped her out in moving in early May, and we agreed on the term and price while I put together a formal lease through an online service. I almost completed it, but there were several things over the course of the month that popped up with her and made me want to amend it again before finishing it.

After I realized she was lying about a lot of things, I didn’t want to proceed. I simply couldn’t get into a professional business relationship with someone that played me, lied about her situation, and was stealing water. That’s when I first served the 30-day notice to evict (on 5/30).

As for the first part of my initial inquiry, what can I do at this point with her belongings now that she’s out of my house? I’m puzzled as to why it was okay for her to violate a court order stating she needed to be out within 10 days, as well as the deputy posting she has 96 hours to leave when he posted his notice.

I think the 96 hours is their personal window of time to offer the tenant. What are my rights with her belongings now that she’s gone? What are her rights?

Liz

In many cases, you can request that the court order the tenant to pay your legal fees if you win the case. However, this is not guaranteed, and it depends on the judge's discretion.

As for the court order, it's frustrating when tenants don't comply. The sheriff's office typically enforces these orders, so if there are any issues, they should be able to assist further.

One more point—regarding the water usage, is that theft by deception? Do I handle that separately from a civil suit, or should/will that all be rolled into one case?

Liz

That can be a theft by deception which you could file in your case.

Understood. I figured that might be the case.

Any other obligations for me (or her) to abide by or be aware of based on the current situation? Anything I may have overlooked or forgot to ask?

Liz

It's important to ensure that you follow all local laws regarding the handling of her belongings and any further legal actions. Keep detailed records of all communications and actions taken, as these can be crucial if the case goes to court.

You might also want to consider changing the locks again for added security, and make sure to document any damages or issues with the property that may have occurred during her tenancy.

Will do. Thanks so much.

Liz

You're very welcome. Have a wonderful day.

Liz

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