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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88645
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello, I am XXXXX and I have a question about what

Resolved Question:

Hello, I am XXXXX and I have a question about what to do with a tenant, residential in violation of 3 requirements by the insurance co. 1.There is a freezer, not running or locked, outside the house full of bloody water that the insurance wants moved off the property immediately; 2. Old tires are piled up at the back of the lot and sitting under some cable and power lines, a safety and fire hazard; 3. A bunch of things just piled up about 5'to6' behind the house which makes it look like junk. The insurance company wants #1,2 moved off the property because it's a liability hazard, and the stuff behind the house moved to the back of the lot and placed in a matter so it doesn't look like junk. My tenant says those are hers and her husband's things and she can put them where she wants to. What legal action do I need to take to be in compliance with the insurance company? Thanks, XXXXX XXXXXXXX@XXXXXX.XXX

Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello, my name is Ely. Welcome to JustAnswer. Please note: (1) this is general information only, not legal advice and (2) tthere may be a slight delay between your follow ups and my replies.

I am very sorry for your situation, Mildred.

Under Missouri Revised Statutes Section 441.630(1), the tenant has a duty to:

"To dispose of all rubbish and garbage in his or her dwelling unit, and other organic waste which might provide food for rodents, in a clean and sanitary manner."

See the statute here.

If the tenant does not follow this duty, the landlord may evict the tenant.

Normally, a letter of demand will do the trick. Someone in your situation may wish to send a letter demanding that they do so, or else. Something akin to the following:

Dear ___________,

This correspondence is in regards XXXXX XXXXX on (adrs) by you.

The following issues are currently unacceptable:

1) The presence of a freezer full of bloody water located on the property;
2) Old tires collected on the back lot; and
3) A collection of miscellaneous items collected behind the property.

Please note that these collectively constitute a violation of Missouri Revised Statutes Section 441.630(1), which any tenant must follow.

Demand is hereby made that unless all of these issues are taken care of (the fridge thrown out and the other items are otherwise disposed of or stored properly, I will have no choice but to:

1) Have the local authorities come out to investigate, which may result in a court matter for you; and/or
2) File for eviction.

You have ___ days from the receipt of this letter to take care of these issues until action is taken.

Sincerely,

Signature

Name


About 95% of the time, a letter like this should do the trick. Again, the above is just a sample. Best of luck.

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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88645
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Ely
Ely
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Private practice with focus on family, criminal, PI, consumer protection, and business consultation.