Will a verbal agreement like this hold up in small claims court? I don't know what Missouri law is about that? Also I don't know what her new address is, but I have sent her text messages demanding the payment by next Friday, so does that count as a written demand?
Response 1: Yes, you can sue her based on verbal agreement. However, if you do not know where she is, it will be very difficult to sue her because the notice of your lawsuit must be sent to her. Text her and ask her what her new address is and see how she responds.
but I have sent her text messages demanding the payment by next Friday, so does that count as a written demand?
Response 2: Yes, because you two have been texting each other. Also, you do not know her new address. Thus, you cannot sent her written demand by regular mail.
Click below for Missouri Small Claims Forms and procedures:
Missouri § 441. 065
A landlord may remove or dispose of any property that remains in or at the premises after the tenant abandons it. The property is deemed abandoned if the:
(1) landlord has a reasonable belief that the tenant has vacated the premises and intends not to return and posts written notice of abandonment on the premises and mails a copy of it to the tenant's last known address;
(2) rent is due and has been unpaid for 30 days; and
(3) tenant fails to either pay rent or respond in writing to the landlord's notice within 10 days.
The notice must include a warning that the landlord may dispose of the property remaining on the premises unless the tenant contacts the landlord within 10 days and informs him that the property is not abandoned.
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