Not logged in? Join one of the bigest Law Forums on the Internet! Join Now!   Latest blog post: Research Law Professors Before Choosing Law Schools

Advertisments:




Sponsor Links:

Discount Legal Forms
Discounted Legal Texts


Mo Wrongful Eviction?

Business Law discussions

Mo Wrongful Eviction?

Postby Home » Fri May 02, 2014 3:18 am

Your daughter lives in Missouri and it has filled only a little all-inclusive effectiveness apartment.  The lease is 0.00 per month, that she's usually paid in regular batches because of her work. She dropped her work only a little over yesterday and her landlord discovered it.  They turned up today at her appropriate. and demanded that she transfer instantly or they'd "actually remove her".  Yes, she's officially "overdue" on her weekly book by 1 week.  She's likely to college and it is attempting to search for another job.  There's no written rental agreement.  Just dental. All-day long they've been turning up at her appropriate. threatening her and otherwise harassing her.  to the stage that she was a nervous wreck when she'd to depart to go to class.  She'd someone watch her likely. On her in her absence.  Once she returned home  late today there is a knock-on the door.  She answered it...  the primary door towards the whole blding is guaranteed by key so she believed that it had been another tenant.  She opened the doorway and was bum-rushed from the landlord (couple). she was tossed back to her furniture and pushed all over the space as both of the landlords began getting her belongings and tossing them out to the corridor. She'd experienced connection with the neighborhood authorities throughout the day to keep them informed of what have been happening using their threats.  She instantly called law enforcement and so they arrived and observed that which was going on.  They requested the landlords from the building and told THEM-NOT to harrass her any further.  She's frightened silly.  the feminine landlord verbally confronted her again as the cop was there for the child calling law enforcement on them.  She advised our child "that she'd be sorry that she called the police in it"...They're well-known in The region due to their intimidation strategies.normally they get the things they need since many people do not fight them... Your child ultimately transpired towards the PD and submitted the assualt costs...  She was informed from the PD and by our Marshall (we-don't possess a Key) that the things they did was illegal.  they couldn't evict her without processing for your foreclosure as well as then she'd get the word of her rental contract (7 days) to obtain out, because she gives weekly.  Our question.  She's scared.  REALLY scared.  these folks have now been threatening her, harassing her, and today together with her having called law enforcement they've stepped-up the threats.  I understand that she did the best thing by processing the costs (law enforcement stated that he'd be given the quotation each morning)...but we're also concerned about every other factor they may do.  She's to visit course tomorrow.  We attempted to obtain her to come quickly to our home today (we stay only 1-mile from her) but she's scared to depart her place.  Should she find a lawyer to try and shield her rights?  We're completely in a loss....  this type of person anything else. 
Home
 
Posts: 7
Joined: Sat Jan 11, 2014 7:26 pm
Top

Missouri Wrongful Eviction?

Postby Atur » Wed May 07, 2014 12:24 pm

Bear with me as the following post might seem rambling.. but I am operating on ZERO sleep for the past day or so and the stress level has literally been through the roof. It is 9:30 at night and we just NOW got home from the police dept.
Daughter spent miserable night as did we.  Up all night long.  First thing this morning she goes into the courthouse and fills out the paperwork for the ex parte.  It is granted (although it took all of 5 hrs. for this to be done)... back to her house after dropping copy of protection order off at local PD.  Flurry of calls back and forth.  Marshall is now telling her that she HAS to be out today.  Landlord has gone down and gotten a business license for operating a hotel so "that gives her the right to evict based on nonpayment"....  What the heck is going on?  This is an efficiency apt. blding. but the Marshall will not budge.  He stated that if she was not out today that HE would remove her.  Flurry of calls...  we are grasping at anything and everything that we can find to try to help us out.  Finally get ahold of a local atty. that looks up the statutes and states that basically what they are doing IS against the law.  Missouri law states that an eviction order has to come from the courts.  The landlord going down and now saying that her business is now a motel doesn't preclude an prior agreement.  She gives our daughter a handtyped notarized eviction notice that does not state anything but the date it was notarized and signed.  Does not specify the time frame to pay or vacate.
We now have knowledge that the MO. statutes protect the tenant (in this case our daughter) but unfortunately the Marshall doesn't think that this Missouri "law thing" matters to him.  He said (quote) directly to my husband ...  lawyers don't run city.  I RUN city.  If it turns out later that I did something illegal then I guess I will have to deal with a lawsuit later down the road.  We were told to post the ex parte paperwork on the front door of the apt. complex and on her apt. door directly.  We get home and go directly to her apt.  The landlords appear and start harrassing her again.  Only this time I have them on tape as I was recording with my phone.  She tried to knock it out of my hand ....  police show up as well and tell our daughter that she will be arrested if she is not out immediately.  They try to prevent me from recording but I kept my cool and stated that I was not breaking the law.  After standing there watching us move her he finally relents and states that he doesn't need to stand here and watch us.  We are not doing anything criminal and it is obvious that we aren't destroying the property.  He said he will be back in two hours to make sure that all her belongings are gone.  We move our daughter out.. all the while the landlords continue to drive by repeatedly and set outside on the stoop of the property.
Police show back up along with landlord (woman) and we all tour the apt. and note that it is clean and undamaged.  She starts to go off on our daughter AGAIN.. and the policeman has to keep reminding her that she cannot talk to her.  She will not shut up and he finally orders her to be quiet or he will arrest HER.  Inspection done ( I taped it) and keys turned over.  Policeman takes us back to station and writes out a 3 page statement (signed) dictating what all transpired that night.  He reviews our paperwork and after looking at the handmade (typed) eviction notice that was given to our daughter he looks at me and states... "this is not a court ordered eviction"..  DUH... we had been telling them this all day long... he told us that his Marshall had ordered him to get our daughter out and if he would of known it wasn't legally binding he wouldn't of done it....
What do we do now?  I know that we probably need to find an atty but I don't even know what to do or where to look.  I understand that we probably have a civil case and a criminal case as well???  The PD did issue the citation to the landlord (husband) this morning for the assault.  It will be tried in the city jurisdiction.  Do we have anything against the city for the wrongful eviction at their hands as well as from the landlord?  I still cannot believe that this has happened... it is totally surreal.
Atur
 
Posts: 11
Joined: Sun Feb 09, 2014 8:04 pm
Top

Missouri Wrongful Eviction?

Postby Gavino » Wed May 07, 2014 4:42 pm

Well we consulted a local atty (not alot to pick from as we are pretty rural) and we have one that is very interested in it.  Told us that the merits of the case are strong.  Winning it would not be the issue, the collection of the judgement might be.  They said that alot of discovery would have to take place re: assets and whether or not they are seizable.
We were told that they could do it on a per hr. basis/retainer/conting... Now I just have to come up with 1-2 K and then the rest will be done on contingency with credit given for the monies paid after settlement.  This atty. has been in practice for quite some time and they have a good reputation, plus they have ALOT of knowledge of not just our town but also of the folks involved.  They live in the same town.
I agree with you on the motel license...but now they will be on the hook to fork over the room tax/etc. that they SHOULD be collecting on those "rooms" now to the our fair burg.  Which btw, is so incredibly small and without major businesses that they could use all the money they can get.....  that is another thing that the atty. mentioned.  As for our daughter still legally having the right to live there...  after what we went through in the past week I don't think that I would want her to go through the fear.  As it is now she is incredibly fearful and a nervous wreck.  She got up and went out to her car to find a flat tire... nail driven completely through the sidewall of the tire. hmmmmmmmmmmmmmmm  She also found a few people that the landlords know very well looking like they were following her around.  She might see these people maybe once a week in the course of boogeying around our town... go figure that she ran into them 8-9 times today along.  Driving by our house (which is not on a main road) ...walking by our house pushing a baby stroller (they don't have kids) ... walking by our house walking a dog..etc..  no matter where our daughter was ...ooooops there they were as well? What do you do in a case like this?  I just wish that we could come up with the funds quickly so that we could get this case going...  it is going to take us a couple of months to come up with the money..but at least it will be done.  If anyone has any suggestions please feel free to comment.  I am outwardly cool calm and collected but inside I am one nervous frazzled mom....   these people are not good people... and they have done some very very "bad" things...  they are not to be messed with....  : - (
Gavino
 
Posts: 18
Joined: Thu Jan 02, 2014 1:33 pm
Top

Missouri Wrongful Eviction?

Postby Curney » Fri May 09, 2014 9:09 pm

Suggestions from a retired LL: These LL's are clearly out to lunch and worse.
1. If daughter is out of your home and was working and lost her job she might qualify for legal aid--sort it out--at least in my area there are some attorneys , one woman in particular, who are super good at taking all the zip out of overreaching LL's!! Dig locally.
2. Proper eviction requires multiple notice and due procees steps ending with a court order---so far LL doesn't come close to being right.    For LL to toss or lock out or shut off utilities generally is a slam dunk loser for LL.
    Tossing tenant stuff out of unit is 100% over the top.
    As a LL it makes sense for me to try to jawbone a tenant to leave--but your post suggest LL is way way over that line.
3. I'm not sure it makes sense to stay home to physically protect the place---physical recovery may not be that hard--but I would not leave small valuables there and I might do a very good photo inventory of whole unit.
4. Were I in her shoes, for each and every incident of physical assault/pushing etc I'd seek to press charges, ditto for each incident of oral threats of harm.   A protection from abuse order or its equivalent may make sense.
5.Keep exquisite written records--and record oral threats if possible .
6.Of course tenant is supposed to pay--but she may need to decide is she wants to stay in this unit!    Lots of people are 1 week late--or more--this LL is simply wacko!    Economic problem is that unless she qualifies for legal aid she is probably looking at $600+/-  in legal fees just to start to fight back  vs mere $75 in late rent ??  
Curney
 
Posts: 5
Joined: Wed Mar 19, 2014 9:32 pm
Top

Missouri Wrongful Eviction?

Postby Daly » Wed May 14, 2014 12:28 pm

This is why we can own guns.
Nothing an attorney can do will prevents them from bullying or threatening her.  She can keep in contact with the police.
Does she have any guy friends who could stay over on the couch or something?
Daly
 
Posts: 7
Joined: Fri Apr 11, 2014 5:40 am
Top


Return to Business Law

 


  • Related topics
    Replies
    Views
    Last post