Legal Question in Real Estate Law in Missouri

Hello. i have a rental house. i was trying to help some ones sister for which i have never met. this lady told me that her sister was dis-abled, and has a female dog which is "house trained." i decided to help the sister out. i have not cashed the first, and last months rent check. i did not ask for any deposits #trying to help the sister out.#no contract has been signed as yet. this is not a lease. this is a month, to month rent. i did tell this lady that i feel that i was being dooped. that she was being dis-honest not telling me she had 5 more pets. the dog is male, not female, 3 cats, and 2 birds. i will cash the check on the 15th of this month. i want to give her the 30 day notice as soon as i cash this check on the 15th of this month. i told her that i would give her time to get settled she move from arizona, to here in missouri. her furniture is not here as yet, but she is in the rental house. i am not a bad person, and do not like being taken advantage of. do i get the local police to serve her the 30 day notice once i cash this check? at this point, nothing has been signed, nor cashed. thank you in advance... debbie james


Asked on 4/11/13, 11:49 am

1 Answer from Attorneys

Anthony Smith LawSmith

As the tenant has moved in, you will have to go through normal eviction/lease termination processes. If you feel you were duped about the pets, it is very likely that the check will bounce. You do not have to wait until the 15th to give her your notice to terminate the rental agreement. But, one can see why you might, if you promised to not cash the check until then, and you think it might clear.

If you have made a month to month rental agreement, you will have to give her one month's notice to vacate. If she moved in on the 10th of the month, your notice on April 15, would mean that she would have to be out by June 9th. Take the day the rental agreement started, (probably the day she moved in) and figure when the next monthly period would start, and your notice now, is effective as of that day, giving her a month from then to be out. If she is to pay rent each week, your notice period would be accordingly shorter.

If she fails or refuses to get out, you will probably have to file a Unlawful Detainer action in the County Court where the rental house is located. The sheriff's deputies will have to post a notice on the door and serve her with a copy. You can get a judgment for possession of the premises and for money damages through such an action. But, it is rare to be able to collect the money.

You also may want to check the pet ordinances for the city where the rental house is. Three cats is one too many in some cities. If Animal control has to catch a loose animal, you as the property owner could get stuck with the bill. If you decide to let her stay, you would be wise to take pictures of how the premises are before the pets and furniture move in, and require that she pay you a pet deposit to help cover any damage done while she is there. I is hard to imagine that future tenants would not smell that a dog, three cats and two birds had lived there.

Good luck

Good luck

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Answered on 4/11/13, 1:47 pm


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