Legal Question in Landlord & Tenant Law in Missouri

Re: personal property

A landlord may not keep a tenant's property in such a situation unless he has followed the Missouri abandonment statute, or unless the tenant specifically authorized the landlord to dispose of the tenant's property. RSMo. 411.065, provides that if a landlord sends the appropriate notice to tenant, by posting, certified mail, and regular mail, that he intends to dispose of the tenant's property if landlord does not hear from tenant within 10 days, he is allowed to dispose of the property.

Should landlord not comply with the abandonment statute, or if he does not have the tenant's permission to take the property, his is probably guilty of forcible detainer against the tenant, and punitive damages are available if the violation is considered flagrant. Do not hesitate to contact me with questions should you need representation. J. Matthew Guilfoil 816-842-3717.

Re: personal property

No. Keeping someones property is called conversion. If you keep it, you can make yourself a lawsuit target.

You can, however, charge them storage at a reasonable rate for every day you have the property.

Keep in mind that Small Claims Court is an excellent vehicle to remedy these kinds of problems, and does not require an attorney.

Regards,