Legal Question in Real Estate Law in Missouri

My husband and I own a home in MO that has tennents in it until Feb when their lease is up. We are struggeling to make payments as this is our third mortgage from being relocated with his job. We want to do the deed in lieu of forclosure, but my mortgage company said we have to have an empy house first. Our tennents are stubborn people who refuse to let us in the home for a walkthrough, always stating that we are only allowed on the premesis at a convenient time for them, but they are either never home, or always refusing visits. The one time we did catch them at home the wifes husband almost physically attacked me. We can not sell the home with these tennents in it since noone is allowed in, and now I guess we can't hand over the deed either? Is there any other options for us, or any way of getting them out of the house?

Any advice is appreciated.

Thanks


Asked on 8/17/11, 1:23 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Unless your lease says otherwise, you may be able to declare the refusal to allow you to inspoect, as breach of the lease. That breach may be suffucient for you to evict them. If they allow you ina dn you dicover there has been damge or waste, you may be able to termiante the lease on that ground instead. If they allow you ina dn there is not significant damge or waste, then you may be able to pursue a short sale, if the lender will agree. Since this man attacked you, you should report it to the police and ask officers to escort you while you inspect the premises. You might give the tenants several days written notice of the day and time you intintend to inspect.

Good luck

Read more
Answered on 8/23/11, 8:35 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Missouri