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Ask Legalease Your Own Question
Legalease, Lawyer
Category: Family Law
Satisfied Customers: 16379
Experience:  13 years experience, divorce & custody issues, protective orders, child abuse issues
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Alexia Esq. please answer if you are on-line. Law Educator

Customer Question

Alexia Esq. please answer if you are on-line. Law Educator Esq. and Dimitry Esq. please do not answer. I’m writing on behalf of Girlfriend #2 in the facts below—what remedies, if any, does she have? Boyfriend previously dated Girlfriend #1. They broke
up. Girlfriend #1 moved into a house belonging to Girlfriend #2. Somewhere along the line, Boyfriend and Girlfriend #2 became boyfriend and girlfriend. Girlfriend #1 brought into the house some unsavory characters, was a heavy drug and alcohol user, and some
expensive jewelry disappeared. Girlfriend #1 was asked to move out of the house. That was about a year ago. Since then, Girlfriend #1 and Boyfriend’s prior spouse became close friends. Boyfriend has a 9-year-old son with prior spouse. The son stays primarily
with Boyfriend and Girlfriend #2. Prior spouse is on probation with respect to drug use. A few days ago, Boyfriend and Girlfriend #2 left the son at the house for a short while, and Girlfriend #1 (who was with Prior Spouse, whom son told he was alone) called
the police, who picked up the son. Son went to trailer where prior spouse is living with substantially older male who has prior charges of drunk driving, drug possession and statutory rape. Several hours later, son called Boyfriend and asked to be picked up.
Problems with Girlfriend #1 have been on-going for the year after she was asked to leave Girlfriend #2’s house. She spreads unfavorable and untrue rumors.. Is there anything Girlfriend #2 can do in connection with Girlfriend #1’s harassment of Boyfriend and
Girlfriend #2? This arises under Missouri law.
Submitted: 2 years ago.
Category: Family Law
Expert:  Legalease replied 2 years ago.
Hello there -
Alexia does not appear to be online and has not been online for a while. Your question was forwarded to me for response. I do apologize for the delay.
Regarding the current unpleasant situation everyone finds themselves in, if Girlfriend # ***** is not a legal owner of the house, then she is considered a TENANT of Girlfriend # ***** (her Landlord), and GF # ***** can take formal steps to evict her from the house (this is true even if there is no lease and she barely pays rent -- once a "visitor" exceeds a thirty day stay at the premises, the law considers that visitor a "tenant at will" - meaning that they are a tenant at the will (or whim) of the Landlord/Owner of the property).
The first step is to deliver and/or send a formal written notice to the GF # ***** which must be delivered to her EITHER (A) in hand, (it can be handed to her) whereby the Landlord must then type up an Affidavit of Service and state that " XXXXXXXXXX [Name of Landlord] hereby swears, under pains and penalty of perjury, that the Notice to Quit was hand delivered to GF # ***** at her address of XXXXXXXXX on XXXXXXX date" (and then Landlord must sign this Affidavit and have it available to file with eviction papers at the local district court if the Tenant does not leave (or "QUIT") the premises in the time period set forth in the letter; OR (B) the Notice to Quit can be mailed to her last known address (even if it is the house where everyone is living, including her) -- simply go to the post office and ask to send a letter with "proof of mailing" which is a special receipt stating that you mailed a letter to a particular address on a certain day -- this receipt from the post office serves in the place of a written affidavit from the Landlord that the NOTICE TO QUIT was delivered to the tenant on a particular day. Some Landlords will deliver the NOTICE to QUIT using BOTH methods, and I actually recommend doing it this way in order to cover all of your bases and increase the odds with any court that may hear the case that you have done everything legally correct.
The NOTICE to QUIT letter can be one of two types (it can also be a combination of both types, but I do not recommend combining the letter and if the Tenant satisfies the requirement to pay rent when due pursuant to the letter, I always suggest that the Landlord simply send out another Notice to Quit based upon the legal right of the Landlord under MO law to Terminate a tenancy at will with thirty days written notice, period (you do not need a reason -- you simply give the 30 days notice in the Notice to Quit).
(a) NON PAYMENT LETTER: So, if the GF # ***** owes rent money, under Missouri law you can request that she leave immediately by sending a Notice to Quit for nonpayment of rent and request that she pay ALL of the money that she owes to you or Immediately vacate the premises (if she does not pay or vacate within 24 hours, your next step is to go to the clerk's office of the nearest civil court and ask for the forms for eviction. You can complete them right at the office and submit them and a hearing date on the matter will be set for about 2-3 weeks after you submit the forms (the court will notify the tenant of the hearing date)).
(b) NOTICE TO VACATE (30 DAYS) - Under this type of Notice -- it is called a Notice to Terminate and the LL has the legal right to request that the tenant leave 30 days after receipt of the Notice to Terminate. If the Tenant does not leave, then you can go to the civil court clerk's office and again ask for eviction paperwork, file it and wait for the hearing date.
Whichever method of letter that you choose, you should attach a copy of the letter to the eviction paperwork along with the proof of service (which is the written statement/affidavit from you stating that you gave it to her in hand or the receipt from the post office stating that you mailed it).
At the court hearing, the judge has discretion but will usually order the tenant to leave within a few days and if the tenant does NOT leave, you can call the Sheriff's department and give them a copy of the court order and the Sheriff will then enter and remove her and her belongings from the Premises. IF she has nowhere to go then the Sheriff will put her belongings in storage and send her the bill for the storage.
Here is more information on the entire Landlord and Tenant process in MO - there are good explanations on several points --
I hope that this helps. Please let me know if you have further questions. If not, can you please press a positive rating underneath this ANSWER box so I will be paid for my time assisting you. THANK YOU VERY MUCH
Customer: replied 2 years ago.
I think you have misread the facts. Girlfriend #1 hasn't lived in the house for more than a year. She is now harassing Boyfriend and Girlfriend #2 by, for example, calling the police when she found out that the 9-year-old child was at the house alone. The question is what, if anything, can be done about the harassment.
Expert:  Legalease replied 2 years ago.
You stated that she was asked to move out of the house but you did not state that she actually moved out -- you stated that that problems have been ongoing for the year after she was asked to leave ...... not "since she left" -- which made your question very much sound like a landlord tenant question with underlying harassment issues. So, that is the reason your question was answered in the manner as it was . Regarding ongoing harassment, In a circumstance where the person was in a romantic relationship with one of the parties being harassed and/or lived with one or both of the parties being harassed, the two of you can go to the criminal court clerk's office and ask that a restraining or a protective order be put into place against GF 1 and/or either party can contact the police to report the harassment and ask that criminal charges be filed against her for the harassment. As part of this, if she is texting, calling, etc. I suggest that you get copies of it to show to the police department in your pursuit of a harassment complaint against her (it will help to support your position with the police department)MARY