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I need some advise on how to handle a situation. My bf and I…

Customer Question
I need some advise...

I need some advise on how to handle a situation. My bf and I recently split up. He was staying in my home off and on for about 2 months and has a lot of his personal belongings here. He vacated my home on 9/14/17 of his own free will. Taking some of his personal belongings. He has since broken into my home on two occasions b/c I tried locking him out. I've requested numerous times that he schedule a time to come get his belongings. I've attempted to schedule specific times to get his things which he does not show up at the offered times even though he says he will. There was never a lease or agreement to pay rent; in fact in the time he was staying here he maybe given me $80. He has also taken some of my belongings out of my home w/o my consent or knowledge. Up until 9/21/17 he even had his own legal separate residence. I need some advise on how to get his stuff out of my home so he will stop coming back here.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Missouri

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

There was no lease. He just stayed here. He did do some stuff around the house but there was no agreement that was a condition of his residency here.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think that is it

Submitted: 10 months ago.Category: Landlord-Tenant
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Answered in 2 minutes by:
9/25/2017
Lawyer: Loren, Lawyer replied 10 months ago
Loren
Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 39,280
Experience: Attorney with 30 years of experience representing landlords and tenants.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

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Lawyer: Loren, Lawyer replied 10 months ago

Even without a lease, anyone you allow to establish residence in your home has the status of a month to month tenant.

Under Missouri law, the rental premises, and the personal property left on it, is deemed abandoned if each of the following four (4) requirements are satisfied:

(1.) Landlord reasonably believes the Tenant has vacated the premises and does not intend to return.

(2.) The Tenant has failed to pay rent for thirty (30) days or more. (not really an issue in your situation)

(3.) The Landlord posts and mails to the Tenant, in the manner required, a notice in the proper form notifying the Tenant of #1 and #2 above, and further notifying the Tenant that unless within ten (10) days the Tenant pays the rent due or responds that the Tenant has not abandoned the rental premises that the Landlord will declare the rental premises and the personal property abandoned and will remove and dispose of the personal property. A notice that is not in the proper form, or not posted and delivered properly, will likely be determined to not satisfy this requirement.

(4.) The Tenant fails to pay rent or respond within ten (10) days after the proper posting and mailing of the notice.

If all of the requirements are fully satisfied, you may remove and dispose of the personal property without liability to the ex.

Please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

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Lawyer: Loren, Lawyer replied 10 months ago

Did you have further questions? Please let me know if I have answered your question.

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Customer reply replied 10 months ago
I have no way of notifying him other than a text message; which I have on several occasions asked him to remove his personal belongings from my home. He has not provided a forwarding address. Does that satisfy the requirement?
Lawyer: Loren, Lawyer replied 10 months ago
Text, but also mail the notice to him at his last address (yours).
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Lawyer: Loren, Lawyer replied 10 months ago
Are you still online with me?
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Lawyer: Loren, Lawyer replied 10 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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