All Forum Posts by: Ben Kirchner

Looking to evict tenants.  We have the SSN and date of birth of ONE of the tenants, but not the other adult on the lease.  A local property management company said they would have a hard time evicting without this information, as they would not be able to show one of the tenants is not in the military.  He is not in the military, and I feel this shouldn't be an obstacle.  Is this property management company mistaken, or if not, what are options to evict?

Thanks for the responses.

Fortunately, the rent is being paid, as the tenant is part of a homeless assistance program.  This program is also aware of the situation, and I have been working with the tenant and his assistance program to try to resolve the matter.  So while unnpaid rent isn't the issue, it's more of a concern that there is a squatter in the unit.  Which is a shared muli-family building.  He hasn't been a distubrance to the other tenants, forutnately.  

My fear is that an eviction will ultimately need to be done, and the squatter's response is leaving me with a destroyed apartment.  The building has not house and location has not exactly attracted A-class tenants, obviously.

So I'm left with the options of having the police show up to hopefully have the squatter not know certain rights, and voluntarily leave.  If not, go through the eviction process, running the risk the squatter destorys the place.  Alternativey, I can put it on the tenant to get his warrant worked out and reclaim his apartment.  The latter obviously takes less task and expense on me, but I fear the tenant keeps dragging his feet on taking care of his warrant, as this is something he said would be done long ago.  

I find myself in a sticky situation.  Seeking some experience and advice here.

This is relation to an out of state rental property.  I do not have a property management comapny for it.  I have have maintenance guys in the area that handle periodic things out there. 

The tenant to this unit allowed a "friend" of his stay with him for awhile.  Awhile turned into longer than expected.  The tenant told his friend that he needed to leave.  However, the tenant said that he has a warrant, and his guest used that against him to prevent him from calling the police to remove him.  

My tenant says he is getting his warrant situation taken care of, but at this time, I cannot rely on him to be present along with the police.  I called the police to inquire about having them remove the unauthorized occupant.  They said they could go there to remove him.  However, if he claims he lives there (as he has stayed there for over 2 weeks), I would need to evict him.  

In this case, it seems my best course of action would be calling the police while he is there and hoping he voluntarily leaves.  If he claims he lives there, proceed weith eviction.  If anyone else had experience in this situation, please let me know how you have or would handle this.

Thank you

We are looking for a new contruction, for a residence.  Since my wife and I both are working remote now, we are open to a many areas.  We are seeking a resource where we can put in basic filters (size, bed/bath, price) and see results all over the United States, and perhaps filter out certain states.  From looking around, I haven't found such a resource.  Typically, we have been having to goto a specific builder's website, or have to narrow down the area quite a bit, which leads to limted results.  

Does such a resource exist?  Any recommendations are appreciated.  

@Zach Holmes I did not pursue an AirBnb, as my properties were better suited for long term rental.  However, I may end up with a need for an Airbnb managed in Durham in the near future.  Please keep me psoted on your endeavor, and I'll do the same.  

This is in a property, in Missouri.  I have a tenant who has been behind on rent for months, and lately has not paid anything.  HIs lease was set to end 7/31.  I communicated via email on 6/30 that his lease would not be renewed.  He has been on the property well beyond the lease end date.

As the landlord, what rights do I have to reclaim the property?  What would be the next steps?  Do I need to send certified mail, and go through the eviction process?  If that is the case, anyone who has gone through this - steps to take provided would be appreciated.   

Thanks @Russell Brazil This is getting more complicated with layer unpealing.    The $10k credit/occupancy permit was an "inspection notice resolution" which someone said acts to keep the contract current, and show a contract continium.  I'm still very unsure of this, but this is what one party said.  I'm unsure how I can get a clear cut answer to if the contract is void or active, given this.

Additional context is that the addendum of "$10,000 credit in lieu of repairs and seller to provide occupancy permit"

This was a financed deal from the start.  It was later discovered that only 2% of a credit could be issued.  Therefore, an additional document was sent out, that included a reduced purchase price and for the seller to pay a certain amount on the closing costs, all in order to make up for this $10k credit.  This document was never signed by the selling party.  In regards to this:

- $10,000 credit and reduction of purchase price are separate things - Yes or no?

- "In lieu of repairs" - Selling partry did repairs to obtain the occupancy permit.  - Not sure if this negates anything, given the vague wording.

At the end of the day, the occupancy permit was not obtained before the closing date agreed upon.  No extension was signed.  I believe the contract is void, and niether party has any case against the other.  Am I correct in this belief?

I really appreciate the help.

Thank you for input @Russell Brazil and @JoeSplitrock

So the contract is voidable, if either party wishes not to pursue the sale of the property? Would the buying party have a potential case against the seller if they are wishing to pursue the sale under the addendum, or file for a breach of contract case?

To provide more context: 

- Seller did many repairs in order to obtain occupancy permit.  

- After occupancy permit was obtained, seller negotiated the "$10,000 credit, in lieu of repairs" to a new purchase price.

- Buyer threatening "Breach of contract" lawsuit.

Does the buyer have a case, or any argument that the seller was at fault for the addendum not being met?  All with in mind that closing date the addendum was tied to had passed.  Does the contract then become void?

Thank you

(This deal is happening in the state of Missouri)

- Agreed upon closing date was 7/12/21

- Addendum on contract: "$10,000 CREDIT to be given, in lieu of repairs, and occupancy permit provided."

- Closing date passed, no extension was put out there.  

Is the contract active, given the closing date of 7/12/21 has passed?

For context:  The reason closing date had passed was because parties were waiting on the city of St. Louis to inspect and provide occupancy permit.  In order to obtain this permit, repairs needed to be done. Seller had these repairs done, occupancy permit has been obtained, but sicne repairs have been done, seller wants to negoiate price.  

I can provide more details, as needed.  I appreciate any feedback on this.