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Updated about 9 years ago on . Most recent reply

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Sylvia B.
  • Rental Property Investor
  • Douglas County, MO
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Conficting information on NOLO

Sylvia B.
  • Rental Property Investor
  • Douglas County, MO
Posted

NOLO is often recommended as the place to go to learn about your state laws for rental property. I found something interesting today.

On this page - http://www.nolo.com/legal-encyclopedia/missouri-termination-nonpayment-rent-other-rent-rules.html I read this paragraph:
"Missouri State Laws on Termination for Nonpayment of Rent
States set specific rules and procedures for ending a tenancy when a tenant has not paid the rent. Missouri landlords must give tenants at least five days in which to pay the rent or move. If the tenant does neither, the landlord can file for eviction."

Then on this page - http://www.nolo.com/legal-encyclopedia/eviction-notices-nonpayment-rent-missouri.html there is this:
"Demand for Rent
If the tenant fails to pay rent when it is due, the landlord can give the tenant a demand for rent. The demand for rent must state that the tenant owes rent and must pay it or the landlord will proceed with an eviction against the tenant. Missouri law does not require the landlord to wait a certain amount of time before filing the eviction lawsuit. The landlord should give the tenant a reasonable amount of time to pay the rent, though, depending on the circumstances. If the tenant does not pay rent after receiving the demand for rent, then the landlord can proceed with the eviction (see Mo. Rev. Stat. §§ 535.020 and 535.060)."

[The statues cited do not specify an amount of time.]

My point with this post is to encourage everyone not to rely only on someone's comments about the law. Read the laws yourself.

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Maggie L.
  • Property Manager
  • Saint Louis, MO
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Maggie L.
  • Property Manager
  • Saint Louis, MO
Replied

@Sylvia B. NOLO may be an ok starting point, but I absolutely agree that you need to read the actual statutes.  Personally, I prefer to look for guides from officials and local organizations for starting points - and consulting with an attorney is important. In Missouri, the attorney general has a guide:

https://www.ago.mo.gov/docs/default-source/publica...

and in St Louis (where I own properties) there is a landlord guide:

https://www.stlouis-mo.gov/government/departments/...

Tower Grove Neighborhoods Community Development Corporation has landlord training classes with different topics - evictions is the topic in March. They also provide applicant screening, which is what I use now.  When I went to the Eviction presentation last year it included a presentation from a Real Estate Attorney as well as a panel from landlords experienced in evictions.

http://towergrovecdc.org/cdbg-activities/landlord-...

I found all of these resources really helpful when I was getting started, and the classes, like local RE groups, would include updates on important changes to local law.  I've only been a landlord for a couple years, but no evictions yet.  Screening tenants and a carefully made lease are important, and leases are an area where a lawyer is especially helpful.  Both the landlord and tenant are bound by the lease, but only the provisions that are consistent with the law.  I've definitely been at presentation Q&As where lawyers have had to explain why a particular provision in a lease would not hold up in court.

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