Legal Question in Landlord & Tenant Law in Missouri
No lease,not paying rent or utilties
My daughter & boyfriend moved into our rental house 2 years ago, paid rent each month, & paid us the amount for utilities, which are in our name. There was never a lease, only a verbal agreement to pay rent & utilities. They lost their jobs & have not paid rent or utilities for 5 months. We've been paying utilities. We cannot afford to anymore, they are not even looking for jobs, they get food stamps. We told them to move, but they have no where to go. How do we get them out? Can we shut off the utilities? They won't have any heat when it gets cold, because they can't afford to buy L.P., & we won't. What can we do?
1 Answer from Attorneys
Re: No lease,not paying rent or utilties
Sadly, it appears that you will have to go through a formal eviction process. This can often be done without an attorney, using forms supplied by the County Court. However, it is not always successful, without an attorney, when there are family members involved. They don't seem to take it seriously until there is an attorney involved. The fee to do these is fairly low. I generally charge $150 plus the Court and service of process fees. Other attorneys may charge a little more or less.
You will possibly get your selves in more trouble then you want, if you just shut off the utilities, without proper warning and Notice to cure. Most attorneys charge very littel to do this too.
You are wise to work on thi now, before the utility bills gets higher this Winter. You will be surprised how fast they find new shelter or means of support, when you cut them off the gravy train and/or evict them.
If you are unwilling to hire an attorney, then go to the Courthouse of teh County in which the proiperty is located,a nd tell them you want a "rent and Possession" Petition or a "Unlawful Detainer" Petition. The clerks may be allowed and able to explain the difference to you.
Good Luck,
Tony Smith
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