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Melissa F | Can my landlord give me only 2 days to get out? ? |
I am a home renter in Missouri. I am 2 months behind in rent. Today I got a phone call from my landlord saying that he has already re rented the home and I have 2 days to get my things and get out. Is this legal? Shouldn't I have at least 30 days? |
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Debra G
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I can't believe that the landlord has let you live their, and house you for free for 2 months. Consider yourself lucky. You should only have a 30 day notice if you are on a month to month lease. If you are under a lease contract for a years term, the notice if 5 days. After a 5 day WRITTEN notice from the landlord, on the 6th day he can file for eviction in the court system. Legally he can sue for all monies owed, which can include court costs, attorneys fees, and all other costs allowed by law in the State of Missouri. He can also file for possession of the premises. This drops your credit score, and will stay on your credit report for 7 years, but it sounds like you wouldn't care about that. Right now he is losing income by you sponging off of him. If you don't move out, he will be losing prospective tenants. He may be able to sue you for lost income also. I can't believe that you have the audacity to ask if you should have an additional 30 days on top of the already 2 months you have been sponging! Just move out, and burn another landlord for another few months. I would have given you an eviction notice on the 2nd day you were late with your rent, and had you out by now.
EDIT: Everything I have stated above is Missouri law. But, something else to consider...contact your landlord and ask him for "keys for cash." Offer to move out of the house within so many days if he will pay you $100.00. After you are completely moved out, he can have you sign an agreement stating such, and that you are not allowed to be anywhere near the property or he will have you arrested. I have done it before with a few of my tenants over the years, and it saves a lot of time and money. Taking you to court and having you removed from the premises would cost him more. |
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gafpromise
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You still have a valid lease. He cannot legally rent a place without evicting you first. That said, he can serve you a WRITTEN 3-day notice to vacate, considering you haven't paid rent for two months. It has to be in writing though, he can't just tell you over the phone. Then he needs to go through the courts for a formal eviction. |
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GWB
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As much as I hate non rent payers:
You first have to be served a legal notice in a legal manner under your laws.
Then go to court.
Then you get locked out.
Now, judgements are public record and getting locked out is embarrassing. But, since it are 2 months behind and living for free, that should not bother you.
With me you would have been out 1.5 months ago.
So now you want another free month?
How can you live with yourself!
People like this do not worry about their credit, because 99% of the time they have no credit!
Your landlord must follow your local laws! |
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moviebuff
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I am a landlord in Missouri and I guess legally he has to give you more than 2 days but if you can negotiate that he will ot sue you for back rent it might be easier for you to just move. If you fight him he will probably sue in court and win and even if you don't pay he will have a legal judgement against you, that will allow him to garnishee you wagers he can also divert any income tax return you might have coming. a legal judgment is not a think that you want against you. It will be public record and most landlords check these records before they rent to anybody. If a person has so much as a D and I on their record , much less a landlord eviction I will not rent to them and a lot of landlords in this area check the same records I do. try and find a cheaper place to live but I wouldn't fight him on this for your own best interests it will come back to haunt you. If I have to spend one penny eviciting someone I will recoup my money and my back rent plus past due fees and I have one every time in court and have garnished wages to recoup my money |
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bud68
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He is evicting you, not ending the rental under normal termination procedures. State law dictates. |
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Sofa King
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You should only have rights to the place for the time that you've paid to stay there - that ended 2 months ago. Pack your stuff and get out. |
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goz1111
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No, it is not legal: First a landlord by themselves can never evict a person, this is called self-help and is illegal. The landlord must file an eviction complaint, get a court date, go to court, get a an order and then, Only a sheriff officer may remove you
If the landlord tires and move you themselves or change the locks call the police
That said: you are two months behind in rent, but also I do not feel sorry for the landlord either for letting this go for so long, if you where my tenant I would have filed on you the day after you where late on the first month and not waited around like this landlord did
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bostonianinmo
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No, the phone call is not legally sufficient. All notices regarding evictions MUST be done in writing.
Your landlord most certainly CAN have you evicted since you are 2 months behind in the rent, but he must go through the courts to do so.
The first step is that he must give you a written 3-day Notice to Quit. This must either be mailed to you at the address of the property or can be posted on the door.
If you don't move out in the 3 day period, he will file an Unlawful Detainer suit in the local court. You will receive a Petition & Summons notifying you of when and where to appear. If you intend to raise a defense to the eviction, you MUST file that with the court prior to the court date.
On the court date, the judge will hear the case immediately; continuances are very rare in MO. If you have a defense to the eviction the judge will hear your story if you responded to the suit and filed them with the court as noted above. (Not having the money to pay is not a defense, sorry.) In cases of eviction for non-payment of rent, the only defense is that you actually did pay the rent.
Assuming that you don't have a defense or the judge rules against you (or you simply fail to appear and thereby lose by default) you will have about 10 days to leave before the landlord can have you forcibly evicted by the local Sheriff.
If your landlord does not follow the law he may well be committing a crime himself. Self-help evictions (i.e. without going through the courts) lock-outs, utility shutoffs, etc. are all illegal and are crimes in MO as well as most states. If your landlord attempts one of those actions, call the police immediately.
If your landlord follows the law, he can secure an eviction for non-payment in MO in about 30 days or so, depending upon the case load at the local courts. Many courts leave a few periods open on the docket every month to accommodate such cases with minimal delay so it's in YOUR best interest to make plans to move quickly.
There is also the line of thinking that you want to avoid a formal eviction at all costs. If you have moved out prior to the court date, the court will not issue the formal eviction order but may well order you to pay the back rents. Having that judgment against you is bad, but not nearly as bad as having an eviction on top of it. Once you've been evicted you'll find it extremely difficult to find another landlord who will rent to you aside from the worst of the bottom-feeding slumlords. When I was a landlord, an eviction within 5 years was a deal killer. |
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9 daughters
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Details vary from state to state but the basics don't so here's how things usually work.
All notices must be in writing. A phone call does not suffice as a legal notice. The written notice is usually mailed or attached to your front door.
The notice is usually a 24 hour notice, a 3 day notice, or a 30 day notice. If, after the time period passes, you've not corrected the problem, the landlord can file in court to have you evicted. He cannot force you to move himself. Only a court order can do that and, as you can see, he has certain time periods he must wait before taking you to court.
24 hour notice: This is only for specific illegal or dangerous activities. These activities are defined by state law.
3 day notice: This is the usual notice for non-payment of rent but some states have a few other things that qualify for a 3 day notice.
30 day notice. This is for everything else, everything from minor contract violations to the landlord just wants you out for no reason at all.
In your case you say you are 2 months behind in rent. In most states that means the landlord can post or mail a 3 day notice and, if you've not paid your rent by the end of the 3 days, he can file in court to have you evicted. You'll then be ordered by the court to move out and, if you don't, the court will then order the sheriff to remove you. Under no circumstances can the landlord ever force you out. If he does so you have cause for legal action against him. Like I said, details vary from state to state but I'm sure you get the idea. The law's on your side. |
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Classy Granny
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No, he can't put you out in 2 days. eviction takes 30 days at the least.
I agree with goz1111 though. I am a landlord and you would have been served when you were late in the first month. |
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Mark C
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You should do the right thing and just move, maybe you will avoid a judgement in the future.
Try making a deal like, if I move, will you call it even?
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Trouble
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The fact is you owe rent. You can be evicted if you do not move out willingly.
Your landlord needs to legally evict you through the courts. However, you should avoid being evicted at all costs.
You do NOT get 30 days when you fail to pay rent.
Evictions
To legally evict you, your landlord must file a lawsuit in court. If sued, you should receive a Petition and Summons, telling you when and where to appear in court, and what your landlord is demanding. Do not ignore the lawsuit. If you do nothing, a default judgment may be entered against you.
Usually the judge will hear your case on the first court date and not continue it. If you have a claim against your landlord, you must file it in writing with the court by the court date.
If the summons was only posted on your property (not hand-delivered to you or your family by a process server), your landlord may only be able to get a judgment for "possession," but no rent. Possession means possession of the apartment or house, not your property.
Contact an attorney as soon as you are sued or notified that your landlord plans to evict you.
A landlord is prohibited from illegally evicting you without a court order, i.e., by locking you out, removing doors to your home, shutting off your utilities, or removing you or your property. You should call your local police or city officials if this happens. In Kansas City, immediately call the Office of Community Relations (513-1836), the Police Department (911), or Neighborhood Preservation (513-9000 for utility shut-offs only). You should also consult a lawyer regarding filing a lawsuit.
Rent and Possession Lawsuits
If you owe rent, your landlord can sue you for all rent due, possession of the rental property, and court costs. If you cannot pay the rent due plus court costs by the court date, and have no defenses to the lawsuit, the judge can enter a judgment against you. (Not having the money to pay is not a defense.) If you lose, you must move out within 10 days, or you and your possessions may be physically removed.
If you owe rent, but you pay all the rent due plus the court costs by the court date, the case should be dismissed. You should make sure this case is dismissed on the court date. Some landlords may simply tell a tenant "don’t worry about it." Contact the court and make sure the case has been dismissed if you have paid all of the rent.
To appeal a court judgment, you should consult an attorney immediately regarding your rights. Appeals must generally be filed within 10 days, so you should consult a lawyer quickly.
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Expert Realtor
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Even if you were 6 months behind, he has to give you 30 days and he has to go to court for an eviction...however, this will also add significant legal costs in addition to every penny of lost rent you owe.
That is why it's silly to stay through an eviction.
Move if you can to minimize YOUR OWN costs, but if you really don't have the money you don't have to leave.
If he tries to remove your things or changes the locks, the person you call is the police who will inform the LL that doing so is criminal and he has to allow you access and use the court system for an eviction.
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TheMom
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It is 3 days since you are flaking, and then he has to file for an eviction. If all goes well, and it should since you are not paying him rent, you will be out in 15 days, with the eviction on your record and court order to pay him his rent and the legal expenses. |
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temphousingguy
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If you're 2 months behind, move out, and pay the landlord what you owe. You shouldn't get a free pass because you don't pay your rent like the rest of hard working society.
-ADD-
What's with all the thumbs down? You people don't pay your bills like everyone else?? |
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Dr phil
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2 months behind in rent,just get out back to moms place and tell the landlord that we are even, |
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Katherine H
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Gosh thats horrible! I odnt think thats legal. |
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txgirl
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I think he has to give you more like 90 days. Offer to pay what you owe. |
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