In Missouri, while the lease is in effect, without authorization from the landlord, is the tenant allowed to tear out and remove the front exterior wall of the rental property? Is the tenant allowed to hack-saw through an exterior wooden, attached deck and railing? Is the tenant allowed to saw through the electric lines of an outside central air conditioning unit and remove it to an unknown location (all of these visible from the highway, neighbors, everything happening in plain site OUTSIDE the building)? The Camden County Sheriff's Department witnessed these events while they were happening (and many other events) and told me I was powerless to stop it because the tenant has legal control of the property - that I have to either wait until I've had the tenant evicted or wait until the lease is over and sue tenant civilly, that if I tried to stop it I would be arrested.

Hello l:

Unless they STOLE your belongings, and you have the right to inspect, the cops are powerless to stop them. It's true. It's a civil matter.

In answer to your question, depending on what your lease says, NO, they're not allowed to make any physical changes to your property. Assuming your lease DOES cover you, you can declare them in breach, evict them, and sue them for your damages.

excon

excon,
Thank you for the reply. This is a restaurant I was leasing. I had the right to inspect at any time as it was open to the public (as well as stated in the lease). All my equipment and smallwares were listed and secured and stated on the lease not to leave the building. While my tenant was taking the wall off my building and hack-sawing through the deck, they were removing my equipment, smallwares (dishes, bar glasses, silverware, pots, pans), tables, and barstools - carrying everything out to a flatbed trailer. The sheriff's department witnessed all of this - the deputies refused to look at my lease contract (drawn up by my attorney, signed and notarized by my tenant). The deputies said they don't read leases. The deputies said tenant could level the building and they wouldn't stop it because tenant has legal control of the property. I'm just having a hard time understanding why this is not vandalism and theft in progress. You can't get an eviction in an hour.

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Originally Posted by ladris

I'm just having a hard time understanding why this is not vandalism and theft in progress.

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Hello again, l:

You have the right to file a theft report. If the cops don't want to investigate, then THEY might be included in your lawsuit. Don't ask them to read your lease. That means you want them to be INVOLVED in your civil case and they WON'T. They're interested in crooks.

The crazy thing here is that you don't have to END their lease before you discover the theft and report it... If the deputies won't take your report, visit their supervisor. If HE won't, visit the County Attorney. Follow up your visits with a recap of the conversations, and send copies to the person you spoke to, by certified mail, return receipt requested, and send copies to THEIR supervisor.. You might try the local press, too. If you CAN'T get police help, then they are acting as abettors and you CAN collect from them.

You've got the right guy. I HATE cops.

excon

Contact your attorney and start a suit in civil court for the damages and return of your property. No, the tenans cannot just alter your premises unless the lease states no alterations allowed without landlord's approval. The cops are correct. It IS a civil matter unless they were stealing items, then it's an iffy thing with the cops. Better consult with your attorney ASAP so he can pull the police reports if there are any to pull that is.

excon,
You are my hero of the day!
Okay, here's the thing. I told deputies they were stealing my property, they said "civil matter". They said prosecuting atty had advised them it was a civil matter. I called pros atty and secretary would't put me through but gave me his email address. I emailed him, told him what was happening in detail, and asked if he had told deputies this was a civil matter - he emailed back and said, "based on what the deputies told me I deemed this to be civil in nature". I emailed him right back and said, "based on what I just told you do you still deem this civil?" and he refused to reply to that email or the next one I sent. He is now a local judge. I have written documentation to and from deputies - in one police report they state I 'accused them of abetting a robbery' because they wouldn't stop my property from being removed. I was not allowed to file a report for theft or vandalism at any time - the police reports state "disturbance", state I say my things are being stolen, but that it's a civil matter. Reports state I allege vandalism, but tenant says he'll put everything back together when he's done so it's not. This happened over a period of about 3 months last August - October... (no rent was paid by tenant after August and utilities were shut off in mid-September for tenant's non-payment) but deputies wouldn't acknowledge I had legal control of my building back until 12/31/10. At that time, I was still not allowed to file any report for theft/vandalism until I got written estimates for theft/damage and could provide a total dollar amount - that took me until June 15, 2011. At that time, the "investigation" was officially begun. I think my civil rights have been violated, but no atty here will touch the sheriff's dept. Am at my wit's end.

twinkiedooter,
Good advice, but tenant filed bankruptcy - can't legally sue him civilly. But bankruptcy will not stop criminal judgement, so I have to wait for the police to conduct their "fair and unbiased" investigation. Meanwhile, tenant has moved to Florida (but sheriff's dept does not consider him a flight risk) and tenant claims he can provide documentation to show he owns my stuff (which does not exist) and the deputy will give him "as long as it takes" to provide this fictitious documentation... and deputy has informed me many times that tenant is being nothing but cooperative with his investigation.

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Originally Posted by ladris

I think my civil rights have been violated, but no atty here will touch the sheriff's dept. Am at my wit's end.

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Hello again, l:

I think your rights have been violated too. I've heard people say the local attorneys are afraid of the cops so they'll NEVER take a case... But, what do your local attorney's do? Mall openings?? Attorney's make their LIVING fighting the cops... But, I don't want to argue with you.. Maybe your lawyers are all scairdy cats... That's cool. You don't need no scairdy cat lawyer anyway... You ARE offering cash for representation, aren't you?? I'm sure the next town over has a few hungry lawyers who aren't fraidy cats.

excon

excon, am seeing civil rights atty next week - I just wish I could get a cut-and-dry answer from someone. I even tried calling/emailing atty general - can't get past the secretaries. Over $200,000 in damages from the theft and vandalism. Just doesn't make sense to me. Thanks for letting me vent.

excon is right (of course). It's not entirely easy to find lawyers willing to fight cops but you can do it. I had a civil matter against town cops and went a little ways away and found a good lawyer with no problem. I think you have a good case here and a decent lawyer should be willing to take this on.

The fact is this is a commerciall lease and any disputes over the lease terms IS a civil matter. You are unlikely to get the police or local prosecutor's to act because of that. On the other hand, I don't think they can hide behind bankruptcy on this.

Did you do any background check before signing the contract?

Bottom line is you will have to sue them. If you win the suit, you may be able to get the police to deal with this on a criminal basis.

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Originally Posted by ladris

excon, am seeing civil rights atty next week - I just wish I could get a cut-and-dry answer from someone.

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Hello again, l:

Here's as cut an dried as I can make it. You got SCREWED and the cops assisted in it. You'll NAIL 'em. If the judge doesn't agree, tell him to write me and I'll set him straight.

excon

I should probably add that I think the sheriff's deputies are all friends of my tenant - I have written documentation that at least two deputies and one sergeant know his voice well enough to recognize it over the phone at the very first call last August (2010). I also have a photo of a deputy in uniform with his marked patrol car parked in front of my building, smiling and dangling handcuffs at two cute, young girls in bikinis spread-eagle on his car (laughing), while another person in the background is laughing...

ScottGem, I understand lease disputes are civil. I can understand if a tenant punches holes in the interior walls that you have to sue for damages, I can understand if the tenant doesn't pay rent you have to sue... I just can't believe a tenant is allowed to publicly dismantle and destroy an exterior wall of the building in plain view... a tenant is allowed to hacksaw the outside deck to pieces in plain view, the tenant is allowed to remove an outside central air conditioning unit in plain view... and no one can tell the tenant to stop doing that. The sheriff's department stood by and allowed the tenant to publicly destroy the building in plain view and "kept the peace" by not allowing me to stop them. I can't believe that I told the deputies that "those barstools are mine" and they told me they don't know who they belong to so they can't do anything to stop them from being loaded onto the flatbed and hauled away. I can't believe it's legal to be robbed while the police look on.

ScottGem, I had the building listed for sale with (who I thought) was a reputable commercial property realtor. He was to screen potential buyers before bringing them to me. Realtor brought this tenant to me - he had lease with option to buy the first year.

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Originally Posted by ladris

Realtor brought this tenant to me - he had lease with option to buy the first year.

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Hello again, l:

Cool. Sue him TOO. Sue EVERYBODY involved in it. Did I mention that I hate cops?

excon

PS> Scott'll NEVER say it. He's much more level headed than I..

What you should have done as soon as you were aware of what he was doing, was to file for an injunction to prevent him from doing any further damage or removal. The police were right in the stance they took. Now if you had an injunction, they could have enforced that.

It's not legal to be robbed, but you have to show robbery. And given the circumstances, its not a cut and dried case of theft. It's a contractual dispute. One you should win, but a contractual dispute nonetheless.

And, if the realtor was supposed to screen tenants, then certainly do sue him.