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Updated about 5 years ago on . Most recent reply

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Jesse Smith
  • Rental Property Investor
  • Kansas City, MO
38
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86
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Tenant Abandoned Unit - What Type of Lawsuit for Unpaid Rent?

Jesse Smith
  • Rental Property Investor
  • Kansas City, MO
Posted

This is in Missouri.  One of my tenants stopped paying rent in October.  He then called me in mid-November and said he had moved back home with his parents, and he would no longer need to rent the unit.  His lease runs through February 2020, and I have a 2-month lease-break fee.  His father also co-signed the lease.

I have posted and mailed the required legal notice that the apartment is considered to be abandoned.  The 10-day waiting period will finish on Monday, so I want to get things rolling.  I already have a bid lined up to remove all of the property in the unit (nothing valuable - mostly worn out furniture).  I will also be taking plenty of pictures and changing out the locks.  I'm working on a listing to get the place filled after I remove the property and clean it out.  

At this point, he owes rent for October and November and has completely stopped responding to my requests for payment.  I understand that I'm allowed to continue to charge rent until a new tenant moves in, as long as I'm making a "good faith effort" to find a new tenant.  My questions is what kind of lawsuit do I need to file to recover the unpaid rent, late fees, and expenses for removal of his property?  Can I also go after the 2-month lease break fee?  This will likely exceed the $3,000 threshold for small claims.  

Thanks for any advice!

Most Popular Reply

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Dennis M.#5 General Landlording & Rental Properties Contributor
  • Rental Property Investor
  • Erie, pa
9,406
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6,023
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Dennis M.#5 General Landlording & Rental Properties Contributor
  • Rental Property Investor
  • Erie, pa
Replied

No lawsuit -Forgot about it and move on 

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