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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38217
Experience:  17 years real estate, Realtor. Landlord 26 years
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I am handling this for my son because he is out of town. I

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Good evening,
I am handling this for my son because he is out of town. I do not know if you have read the news but this home is in St. Louis City and there have been extreme racial tension since an (in my opinion extremely inappropriate on an Afro American being shot with 5 bullets) was handed down by a judge and the tenant happens to be Afro American. I want to handle this to the utmost not that I get a judge in city when I file for an eviction that goes the opposite.
If you recall the home she is living in was suppose to be auctioned off today because my sister owned half of it. My friend went down there and the auction was cancelled because they did not give proper notice, so I still have time to evict her. I will follow up with you after I sort through this mess on this matter. Again, this home is in the city of St. Louis and I want to know since I emailed it to her on the 9th and she responded with 3 emails on the 10th, then dodged USPS on a certified mail if email is sufficient for a ten day notice. She has a 3 email tendency right in a row and today it is the same. She is accusing us of trying to get out of her home and I know you said this is a business but with all the racial tension I want to make sure I am covered. Please edit anything and let me know. I do not mean to repeat myself, but I want to resolve this as amicably as possible. She knows her rights so she says, and she is correct that the home years ago was up for sale. It is a small private block with 8 homes overlooking the river. The 3 real estate transaction are from a radiologist and his partner who have blocked the view of the home from the Mississippi River with huge fences whereby it has to devalued the home. Then they came in with low ball offers on the home and my sister (she is deceased) refused them all. The tenant has become great friends with them and when she stated 3 real estate offers I get nervous. This is in St. Louis City and I do not to be accused of racial bias.

Hello again and good evening,

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and I want to know since I emailed it to her on the 9th

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You emailed what to her? a notice to pay rent or vacate?

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And how would her race come up as long as you are following proper procedure?

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thanks

Barrister

Ok, I didnt' see your attachments earlier... just a minute..

Ok, the tenant will have grounds to contest any action if you didn't either hand them a paper copy of the notice, or post it on their door, or mail it certified and first class mail.. Email isn't considered legally proper notice..

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But putting that aside if the tenant doesn't raise it.. If you sent the notice both first class mail and certified, and the time has elapsed, then that would be fine for notice. Just have the certified receipt handy to use as proof that you sent proper notice..

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As for her accusing you of things...tenants always try to throw up smokescreens to keep from being evicted... you are being discriminatory, the place is a dump and everything needs to be fixed, you aren't following the law... I have heard them all... The tenants rarely just say "Yes, I owe you money and acknowledge it and just can't pay". They always try to make it your fault they are getting evicted.

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So always just keep calm when dealing with them and respond like a teller at a bank....polite, but always business.

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thanks

Barrister

Customer: replied 30 days ago.
Good morning, and I will wait and send her the attached because she keeps asking what she owes and come and do a walk through. I attached it and let her blame the housing authority, they approved it. I will be getting back with you on another matter you helped me with on this partition property this afternoon. Thanks again.

I am not sure how to interpret that follow up as it is addressed to someone named Erin and is dealing with a church, a partition action and your late sister.. It doesn't reference anything regarding this tenant or her failure to pay rent so I think it might have been the wrong attachment..

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thanks

Barrister

Customer: replied 30 days ago.
Sorry about that and this partition property and tenant are getting me confused. I am asking you another question about the partition property later on. On the certified mail it was sent 9-11 and she signed on 9-15, so it would be 9-25 and I attached the correct one. Thank you.

A couple things... I would call it "cancel" or "void" the lease, rather than rescind... Rescind is to recall an offer...so that really isn't want we are discussing.

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And it is minor, but the Protecting Tenants in Foreclosure Act was strictly for foreclosures passed by Obama, and it expired the end of 2014, it wasn't repealed.

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Minor things... but I am kind of a stickler for details..

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The rest of it looks fine where you are detailing how you come up with what she owes...

Barrister and 2 other Real Estate Law Specialists are ready to help you

Again, thanks very much for the positive rating and very generous bonus....

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Have a great afternoon!

Barrister