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Updated almost 6 years ago,

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5
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Margaret Apel
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5
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Started Pro Se eviction on Rent-to-Own home; any help?

Margaret Apel
Posted

We did a Rent to own on our house in Missouri with our daughter and fiance in March 2014. They married later, daughter moved out Jan 2018, then divorced finalized April 2018. 

Fast forward to wanting to evict ex son in law now. Rent to own agreement states rent due by the 1st of every month. It also states that they are responsible for all upkeep, maintenance, and repairs of the property. In 2016 the central air quit (I told them prior to agreement that it was serviced in 2013 and needed to be replaced soon). They installed a large window unit until could save money to replace. Then Sep 2017 the furnace quit and still didn't have money to replace. Again, were saving money and 2018 tax refund split between them $3K each and he was going to replace furnace then and AC before summer. This past Sep 2018 (1yr) later still nothing done plus storm damage done Aug 2018 insurance estimate just over $11K but $2K deductible. Son in law refused paying deductible. I sent 10 day notice to cure or quit and signed for by ex. He did replace furnace but said he does not have to pay $2K ins deductible and he will get the AC unit replaced whenever he can afford it. 

In January 2019 we posted 30 day notice to terminate tenancy (no communication from him and won't answer door). He evidently blocked my phone # so yesterday I called his work and left message for return call urgent matter. He called me and said he will not vacate as he has done nothing wrong and I can try to evict him if I want but doubts that I can. 

He has paid rent chronically late and refuses to pay me but pays direct to Bank of America. 

To make matters worse, in August 2018 while he was trying to contract repairs he wanted to have contractor make dummy bill for a lot higher than cost to have work done so he would not have to pay deductible and would have enough to replace furnace and AC unit. He even suggested I tell ins co that I need more money. That's when I began tape recording our conversations and told him I would not have anything to do with defrauding the ins co. He also sent me a text that he wanted to pocket the money. 

I then took over contacting contractor and have on tape with contractor that tenant told him he wanted to be billed more than what he would be paid. The contractor was instructed by me to replace roof with same type and color of shingles. However, the contractor would not do the work because tenant was harassing the contractor with phone calls and texts that the tenant wants different color shingles because he will be owning the house soon.

The tenant has an attorney but I feel that we should prevail. However, if the tenant wants a jury trial can he request that before the judge even hears my complaint and reasons for wanting to evict? I live in AZ and the house is in MO. I am going to travel to MO to file the complaint for court order eviction. I cannot afford to just hang out in MO awaiting a trial to take place. The only place I have to live is in my house, which the tenant is occupying.

Sorry this is such a long post. Any suggestions or ideas would be very much appreciated.

I also sent a 10 day unlawful detainer certified mail today.

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