Tenant Key Return Process

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Summary

If a tenant in Missouri refuses to return keys after vacating, landlords can change locks and add costs to the tenants debt. Legal proceedings for unpaid rent and damages can continue even if the tenant has moved out. SSDI and SS are generally protected from garnishment, but other collection methods like debtors examination or collection agencies can be considered. Always consult an attorney for specific guidance.

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What are you supposed to do, or how should it be handled, when the tenant has stated that they will be moved out by a certain day, but refuses to return the keys at the time of there last exit from the property. She states that she will get them to me in a few days
Hi Lesa,
In Missouri, you may:
- Request the keys immediately, emphasizing the lease terms.
- Deduct from the security deposit for any delay.
- If the tenant refuses, you could start eviction procedures.
Please consult a local attorney for specific advice.
She is far past the point of abiding by the terms of the lease. She could care lease at his point. She and I both know her security deposit is already used in full for the current damages and I will have to sue her for the remain costs if repairs.
Hello Lesa,
In Missouri, if a tenant refuses to return keys, you can:
- Send a written demand for the keys.
- If she fails to return them, consider changing the locks and adding the cost to her outstanding debts.
- Begin legal proceedings to recover the cost of damages exceeding the security deposit.
Always consult with a local attorney.
Numerous written demands have been made with efforts to accommodate convenience for her.And eviction has been filed and waiting for a court date to be assigned, but that doesn't help in getting the keys returned back to me on their final exit.
Hello Lesa, in this case, you may consider:
- Changing the locks without delay for your property safety.
- Add the cost to her existing debts.
- Continue with the legal proceedings for eviction and recovery of costs in Missouri.
Remember to consult your attorney for specific guidance.
So do I need to wait until the after midnight tonight before I change the locks? And that's assuming I can even get into the property to do so.
Hello Lesa, you can change the locks once the eviction process has started and the tenant has vacated the property. In your case, since she stated she's moved out, you may proceed. Please consult your attorney for specific guidance.
Well, she stated that she will be moved out by "end of day" Sunday 7th. She couldn't have been more vague if she tried. Lol
Hello Lesa, typically, the end of the day is considered as midnight. After this time, if the tenant is not present and has not returned the keys, you can change the locks. Please consult your attorney before proceeding.
Assuming that after 10 years they didn't change the locks themselves and I wouldn't have a working key. Hoping not. ????????. Thanks for educating me. Have a wonderful rest of your day.
Hello Lesa, I'm glad I could help. If you find that the locks have been changed without your consent, you may add this to the list of violations by the tenant. Always consult your attorney before taking action. Have a great day too!
I filed for possession, rent and other charges and are waiting on a court date to be set. Since she is in the process of moving out, by the time a court date is set she will already be out. However, will that same petition that I filed, will it still be acceptable to keep moving forward for getting the rent and other charges, or do I have to refile or file something else?
Hello Lesa, your existing petition for possession, rent, and other charges should still be valid even if the tenant has moved out. You can proceed with the case for unpaid rent and charges. As always, consult your attorney for specific guidance.
When I get the judgement from rent and other $'s owed, I'm sure she isn't going to just pull out the cash and willingly pay the judgement amount. What do I need to do to actually get her to pay? Keep in mind she is on SSDI, doesn't work, her vehicle is titled in someone else's name, and doesn't own anything that I am aware of.
Hello Lesa, in your situation, you can:
- Request the court to issue a 'garnishment order' on her SSDI income.
- If she fails to pay, you may consider a 'debtor's examination'.
- Enlisting a collection agency is another option.
Please consult your attorney for detailed advice.
I thought you couldn't garnish from SSDI or SS or child support.
Hello Lesa, you're correct that typically SSDI, SS, and child support are protected from garnishments. However, there are exceptions such as when the debtor owes federal taxes or child support. For your case, a debtor's examination or a collection agency might be the best options. Always consult your attorney.
In reality, this is looking pretty much like a loose-loose situation for me, huh? ????????
Hello Lesa, it may feel challenging but remember, you have legal avenues available to recover your dues. Keep pursuing your legal rights and consult your attorney for tailored advice. Stay hopeful, legal processes can take time.