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cozy2451 · Oct 30, 2008, 08:38 PM

I allowed my son to stay with me for what was supposed to be no more than two weeks back in May. It's almost November and he's still here. My wife and I lease the house - we leased the property in Octover 2007 and my son was living elsewhere then. We have talked to my son about moving several times and he makes promises but does nothing to go forward with moving out. We live in Missouri. I believe that after a person stays in a residence for more than three days in Missouri you have to evict them but how can I evict? I don't own the property. I'm afraid the landlord will try and evict all of us if I bring her into the picture. What is the proper procedure? Thank you.

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rockinmommy · Oct 31, 2008, 07:23 AM

Originally Posted by cozy2451

I allowed my son to stay with me for what was supposed to be no more than two weeks back in May. It's almost November and he's still here. My wife and I lease the house - we leased the property in Octover 2007 and my son was living elsewhere then. We have talked to my son about moving several times and he makes promises but does nothing to go forward with moving out. We live in Missouri. I believe that after a person stays in a residence for more than three days in Missouri you have to evict them but how can I evict? I don't own the property. I'm afraid the landlord will try and evict all of us if I bring her into the picture. What is the proper procedure? Thank you.

This has created a situation which would VERY likely be viewed by the court as him subleasing from you. So you are his landlord in this situation.

First, I would recommend that you read your state's landlord / tenant laws. There's a "sticky" at the top of this forum with a link for each state. You need to make sure that anything you do follows those laws.

Was there ever a payment agreement between the two of you? And if so, has he followed it?

There are basically 2 ways to go about it. You can simply give him the proper notice to terminate his "periodic tenancy" (month-to-month). Typically this would be about a 30 day notice (does vary some by location). Then if he doesn't move out within that time you'd file for an unlawful detainer eviction.

Or, if you had a payment agreement and he hasn't paid you cangive him a "pay or quit" notice (usually anywhere from 3 to 10 days). Then if he doesn't leave within that time you go file an eviction suit. Can he pay? I ask because in some places if you start this procedure and the tenant offers payment you basically have to take it. Then it starts the whole cycle over again.

You know your son - we don't. What will work on him? Will it intimidate or bother him if he gets served papers by the court? Is he just lazy? Is he on drugs? Are you just making it too comfortable for him there (feeding him, cleaning for him, allowing him hot water and heat? Does he have a TV to watch? Using your telephone?)

Oh yeah, stop communitcatin with him verbally and do everything in writing.