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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 35641
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My daughter and son-in-law wont take their things out of my

Customer Question

My daughter and son-in-law won't take their things out of my home and from outside. My home was cited for no electricity on Nov. 06, 2012 and we had to leave and I told them before we all left; (me, my mother, my son, them and their 2 children) that their coming back to live here was not an option. I have asked them personally and through texts when are they going to take their things and they either say that they don't have any place to put the stuff and can't have the cats there and now it is that they are living in their cars so they don't have room, their other argument is that I previously had told them, no problem, the cats and the stuff could stay, that I would hold on to it. I did not. Last week I had texted them about the removal of the cats and belongings and she said to quit harrassing her/them or she was going to call the police. I haven't texted them since. Today they came pounding on the door ( I changed the locks before we had to leave) and she demanded to know where their mail was, I have been sending it back and again I asked if they were going to take some of their stuff and they said they were still living in their cars so where were they supposed to put it. I asked if they had put in a change of address yet and again how were they suppose to do that if they were living in the car. I said but you don't live here anymore and she said technically they do because they still had stuff here ( which is why I think they won't remove anything) and anyhow Missouri law didn't apply to them so the 30 days requiring of my holding/protecting their property didn't apply to them. she does have a MO drivers license. They got a storage unit when they got here in May; they came from VA and I even offered last week to take loads out to their unit and she said again no, as I said they could leave it here or they would get it when they got a place. She stormed out of here finally and said fine, if they couldn't get their mail then I wouldn't be getting mine. I called the police to see if they could help me for some odd reason. They told me that I needed to go through the eviction process to make it legal to be able to remove/dispose of their property and then another officer came and said since they have never paid anything towards rent with receipts then they were to be considered as "guests" and so I need to find out what I need to do to legally to be able to remove their property and cats, whether it be to the trash/ donations, as for how long I do have to hold on to it. The neighbors have taken their side and think what I did was porpoise poop and now every time I move or do anything outside and they call them and then they are calling and/or texting me asking what do I think I am doing with their stuff, don't I know that is stealing, stop or they will call the police. This has gone from a mole to a mountain and their attitudes from them, especially her is as nasty as she can be. I simply want them to take their stuff and leave and never bother me again. What is my next as I don't have alot of money to pay a local lawyer. How can I protect us and my property. I need legal help badly. This has got to stop.
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question.

The officers are not quite correct. It is true that if a person resides on premises, their items cannot be disturbed. However, if they moved out and 'abandoned' the premises, which appears to be the case as they refused to return, then the landlord CAN change the locks and after giving adequate written notice, can pack, store, or even dispose of the personal affects of the tenants. Whether they are tenants or occupants is not relevant, if they left with no expectation of coming back, even if they left their items behind they are still formally no longer residing on premises. You may want to write a formal certified letter giving them 30 days to pick up theirs things under your supervision, or you will either dispose off it as you see fit. That is legal and permitted since they no longer reside with you.

Good luck.

Expert:  Dimitry K., Esq. replied 1 year ago.
My apologies but why the 'bad' rating? I just politely explained to you how to get rid of these problem tenants. What is so 'bad' about that? Please explain.
Customer: replied 1 year ago.

The one officer said that the law (Missouri) recently changed so that if they are not paying rent then they are considered "guests". They didn't leave on their own, we were required to leave the premises by the city and I told them the 4 of them were not welcome to come back to live here anymore/again. They are mad and vindictive and making my life hell and I need to know for how long I am required to hold onto their belongings since they won't take the stuff and cats, or let me bring it to them using this as a premise for still living here to get their mail here.


 

Customer: replied 1 year ago.

I'm in Missouri, the 2 adults, with 2 children who were staying here won't remove their property or 2 cats using this as a ruse to use my address technically for mail and a legal address so they can't be labeled as homeless but tell me that they are living in their cars. They say that as long as they have property in my home then technically they can say they live here and even though they are not welcome and I have been sending their mail back when it comes because they still won't put in a change of address either. I simply want their stuff off and out of my property. They say that the 30 day notice which I told them would be December 07, 2012 doesn't apply to them, I don't understand how this can be, she has a Missouri dr. license, not sure about him. The officer said that a MO. law recently changed to anyone whom is paying rent with receipts (which they would/could forge) are considered "guests". I simply want them to take or be able to dispose of their property and cats as none of this stuff did I agree from the time the city asked us to vacate till now to protect/hang on to until they were ready to remove at their convenience, I have even offered to take loads to their storage facility and she told me to stop harrassing them or she would call the police.Am I going to have to let them blackmail me /keep me in limbo forever and the neighbors are calling them everytime I do or carry something outside.Why do I have to be responsible for them concerning them moving on or their welfare at the present? I was told their status was tenants at will.If someone can help me then I can be reached through my e-mail as it is getting late , I work graveyard and I'm not normally up at this time of day but because they decided to cause trouble again today. I am.

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