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If i t(the landlord) terminate a tenancy, with cause, 5

If i t(the landlord)...

If i t(the landlord) terminate a tenancy, with cause, 5 months from the end of a lease. Can i make, or get judgement for the 5 months rent when the tenant doesnt pay.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No

Lawyer's Assistant: Where is the property located?

Missouri

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

Tenant punched landlord.

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Answered in 1 minute by:
4/2/2018
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,101
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Have you been advertising and attempting to get a new tenant after evicting the old one?

.

.

thanks

Barrister

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Customer reply replied 4 months ago
I have not evicted tenant yet.
The tenant punched me because they received a late fee notice when i was collecting rent from them. Of which they paid the late fee and rent on DEMAND.
I did not fight back and took the punch. (Dealing with "hotheads" here)
There are other violations they have going on as well where they are violating the lease, trash, unauthorized modifications to unit, etc...
Tenant knows I will not be offering a new lease at the end of the term.
Tenant is threatening to not pay rent for remainder of lease.

Ok, the way the law works is that the tenant is liable for up to the remainder of the lease term or until you re-rent it, whichever comes sooner.

.

But if they breach the lease and you evict them, you have a legal duty to mitigate your damages and advertise and try to find a new tenant.. When you do, you can hold the old one liable for any lost rent up to the remaining 5 months..

.

As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

.

.

thanks

Barrister

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Customer reply replied 4 months ago
what do you recommend to happen? should i evict? should I wait for lease to expire?
Should i wait for tenant not to pay?
Customer reply replied 4 months ago
or should i send a notice to cure or quit?

Are they a good tenant otherwise....other than the punching you thing? If so, and you can overlook that fact and they pay the rent, then I would probably just let them pay til the end of the lease and then they leave on their own..

.

But if they have lots of violations and you don't think they will leave voluntarily, then I might go ahead and give them the notice to cure or vacate..

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Customer reply replied 4 months ago
they were a good tenant at one point. As long as I didn't enforce rules that were agreed to in lease (I havent visited property every month and they typically bring me rent). I was nearby the unit and stopped by to find out why they hadnt paid rent. Absolutely certain that while i wait for eviction process they will destroy property.
At this point I want them gone, but I shouldnt bear the cost of rerenting, lost months rent as i find a new tenant, which i wont easily beable to find until unit is repaired. I have performed my responsibilities of the lease flawlessly and never longer than 24hrs wait, when ever there was a reported issue. Looking for maximum effect for consequences, I do know they are looking for a house to buy, can i file a lien on their new house when they buy it? I am a very fair landlord, but when people think there is no consequences for their actions, it drives me a little nuts.

Yes, if you evict them, and they have damaged the property, and you sue them and get a judgment for any damages and delinquent rent, that will all but end their chances of getting a house because the judgment will sit on their credit report until they pay it off or 7 years..

.

If they happened to get a house before you got a judgment, which is unlikely, then your judgment would attach to their house and you could also garnish any wages to collect on it up to 25% per paycheck..

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Customer reply replied 4 months ago
I have never had to garnish wages before is that an easy process? Once you have judgement in hand, how do you collect?
As for filing a lien, i know thats a pretty simple process.

You go to the court clerk and ask to file a garnishment order, then it gets sent to the employer and they withhold up to 25% of the employee's wages and turn it over to the sheriff to give to you..

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,101
Experience: 17 years real estate, Realtor. Landlord 26 years
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