General Question

ibstubro's avatar

What's the best way to evict a commercial tenant in the state of Missouri?

Asked by ibstubro (18804points) October 6th, 2015

Small, two-room, stand alone, single tenant building.
No contract, no lease.
Tenant had damaged the building significantly.

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17 Answers

rojo's avatar

No contract? No lease? Sounds like you could just call the law and get them for trespass but I don’t know for certain. Call sheriffs dept.
Several online sites to check out first. But most deal with landlord/tenant actions where a lease is in force. Was there one originally?
Missouri Eviction Process
Eviction Resources

rojo's avatar

Eviction Notice

Legally they may say you are on a month to month basis so call the sheriff first, find out what they say. If they cannot do anything then produce and implement a notice to quit and proceed with the eviction notice next.

Some Legal advice on a tenant without at lease Sounds like you will be dealing with a case of Unlawful Detainer

jca's avatar

@rojo: The law is likely different in the case of residential property.

elbanditoroso's avatar

Murder and mayhem are a bit strong.

rojo's avatar

To begin with @elbanditoroso but it quickly gets to the point where you begin to wonder if it isn’t justifiable….

Adirondackwannabe's avatar

Have you considered arson?

Tropical_Willie's avatar

@Adirondackwannabe that is a little bit strong ~ ~ ~

Call the Sheriff in and see if you can arrest them for trespassing and damage to property.

Sue them for damage at least.

Darth_Algar's avatar

You’re renting commercial properties and don’t have an attorney to handle this stuff?

ibstubro's avatar

Commercial office rental the size of a 2 car garage I’ve owned for about 25 years, @Darth_Algar. This is my 3rd tenant and first problem. I’m an excellent landlord.

The rent is due 10–15. I believe I’ll sign up to have the utilities changed into my name 10–14 and the electric/water shut off until about the 20th.

As soon as he’s out, I have a contractor bidding on a full remodel, and a (lowball) cash offer to purchase the property. I have probably cleared twice what paid for the building in rent, and the purchase offer exceeds my initial investment.
I’ll either turn it into something swanky and nearly double the rent, or wash my hands of the deal.

Darth_Algar's avatar

@ibstubro

I wasn’t questioning your quality as a landlord or how profitable the venture is for you. I’m just surprised that someone involved in leasing commercial real estate evidently doesn’t have legal council to guide them through such matters.

ibstubro's avatar

Well, since it’s not been an issue for 25 years, @Darth_Algar, having legal council to ‘guide me through such matters’ makes about as much sense as buying that service contract.

The tenant has a lawyer on retainer who sent me a (unregistered) letter that said, basically, “Please don’t evict him.”

ibstubro's avatar

Thanks for the information @rojo!
I did indeed contemplate mayhem, if not murder, @elbanditoroso. And yes, arson flickered over my radar.
Sheriff was a popular suggestion, here and in r/t, @Tropical_Willie.

Here’s the update. Last week the tenant’s wife promised they would replace the under-layment in the bathroom. Monday, I called the tenant direct and he said he was not going to replace anything, that his expert said it was unnecessary. I told him that I was changing the locks on Friday, 10–8, and that any remaining property in the building would be confiscated and sold to go against damages. 10–7 the building was vacant and I had the utilities changed back into my name.

I’m not exploring 2 options:
1.) A cash offer for more than I initially paid for the building.
2.) A total remodel and doubling the rent. Friends are working up an estimate on new walls and flooring.

Monkey off my back!

jca's avatar

@ibstubro: I think you mean to say “I’m now exploring two options,” not “I’m not exploring two options.”

Darth_Algar's avatar

There’s more to tenant-landlord issues than just eviction. As a landlord there’s a ton of legal issues you must navigate. Certainly it’s your prerogative to not seek legal council from someone who actually understands the law and is licensed in its practice, but it just seems like the sensible thing to do. If for no other reason than to insure that the lease contracts you issue are legally enforceable as written and that you are upholding all of your legal obligations. Having legal council (rather than seeking advice from strangers on the internet who aren’t versed in the law, much less in the particular law in your state, and aren’t qualified to give legal council) would be doubly advisable now that your tenant has an attorney working on their behalf. But, eh, your headache, your choice.

ibstubro's avatar

Yes, I need new glasses, @jca.

Beating a dead horse, @Darth_Algar. As stated above, I’m currently not renting property. And although @rojo did give good advice here, I know that I can always fall back on my cousin in the neighboring county. He’s past president of the Missouri Bar Association and 2 of his sons are attorneys. It’s a resource I try not to overuse, but it’s available.
My first tenant tested my lease when she moved out by trying to remove improvements she had made, and her lawyer made her bring them back.

When I began this whole enterprise it seems like an attorney advised me to just go to the local office supply store, buy a commercial lease, and make any mutually agreed changes, so I guess I’m acting on advice of council, 25 years later.

Darth_Algar's avatar

You’re not renting it, but you need to evict someone from it? Ok. Anyway, you asked for advice. My advice is to have an actual attorney advise you in legal matters. I saw my folks once go through this some kind of thing. They were renting some property, declined to get legal council opting to go the “DIY” route (ir order to save a few bucks no doubt). They thought it should be a fairly cut-and-dry thing, but it still took them several months to get the tenant off the property (because, surprise, Google is no substitute for a lawyer).

ibstubro's avatar

I have evicted, am not renting currently, have a cash offer to sell.
Facts as they are presented above.

It’s my understanding that a residential eviction can take months regardless of the lease.
My property is commercial and we did not have a lease. I told the tenant that he had 4 days to be out, and he was gone in 3. No doubt he thought he was being cagey avoiding signing the lease I presented to him, but in the end, that did him in.

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