A wrongful eviction lawsuit filed Wednesday in Jasper County Circuit Court claims PIC of Joplin (Property Investment Company) illegally entered a tenant's apartment when they left for a few days in December and disposed of all of their belongings, except for their mattresses and bed frames.
The items, according to the petition, included birth certificates, a marriage license, chemotherapy medicine, family photos and clothing.
The tenants, Braden and Clarissa Poe, fell behind on their rent, according to the petition, due to a sharp increase in electricity costs, which they blamed on PIC's failure to "repair an air conditioning unit as promised."
From the petition:
Between November 6, 2024 and January 1, 2025, Plaintiffs assured Defendant on several occasions that they would pay their rent and late fees in the near future. Plaintiffs left their rented premises for a few days to visit family from the end of December to early January.
On or about January 2, 2025, without legal authority, Defendant took it upon himself to enter the leased premises and dispose of Plaintiffs' personal property.
According to the lawsuit, the items taken included:
-Medication prescribed to Plaintiffs' daughter for chemotherapy
-Three birth certificates, marriage license, other important documents
-Four camera security systems
-Clothing for all family members, blankets, expensive shoes
-Family photos
-Numerous other items
The Poes were in "lawful possession of the leased premises at the time of the Defendants' aforesaid unlawful actions," and are asking for $25,000 with interest and punitive damages.
The Poes, who are represented by Kansas City lawyers Marady Tackett and Robert B. Zeldin, are asking for a jury trial.
6 comments:
As a Longterm Landlord, there is a Legal Process for Eviction. Years ago, Landlords would take the doors off the hinges, change the locks, or move tenants' property out of the apartment - without going through the Legal Process of Eviction - So hopefully before this company - PIC of Joplin (Property Investment Company), entered and removed any property they Filed an Eviction Case - and Legally Won this Eviction Case - before ever removing these Tenants Property.
Because Tenants do have Rights - and if a Landlord Violates those Rights it can be very Costly and most Judges will side with the Tenants - because of a lot of Past Legal Case Precedent. If you own Rentals - Understand the Landlord / Tenant Laws - and always consult an Attorney, and have all your Paperwork (Leases) reviewed to cover current legal guidelines and to protect your interest.
Of course the "Key" to solving most Landlord Problems is the need to thoroughly Screen the Tenants - with their Previous Landlord / Management Company, Verify their Past Legal Issues, and do Credit Checks, have Legal Documents in Place for the Rentals / Leases ever before allowing them to give you a Deposit and Handing over the Keys.
Make sure that your Rental / Lease Documents - include all covenants and payment terms (Non-Payment of Rent, Payment Violations, Violation of Rental / Lease Agreement, Illegal Activities, End of Lease, Month to Month Tenancy, Notice Period, and 10-Day Notice to Vacate.
So as a Landlord don't do something dumb - even though some tenants will
do whatever they can to use the Legal System and give you every excuse in the book to not pay their monthly Rent / Lease. The Sad thing is sometimes it takes 30-60 Days to Evict a Tenant in Missouri - and the Tenants - ALL REALIZE THIS and use this Timeline Hole in our Legal System to Cheat You Out of your Rent - My Solution - I always take a First and Last Month Rent Amount - Plus the Deposit - So as soon as I start the Legal Eviction Process - I may only Lose 1-Months Rent since it can take 30-60 to Evict a Tenant...
Also, where Landlords make Mistakes:
In Missouri, landlords must return security deposits within 30 days of a tenant's move-out, or provide a written, itemized list of any deductions made from the deposit, along with the remaining portion of the Deposit.
If a landlord fails to return your security deposit within 30 days of the lease termination, or wrongfully withholds it, you can sue them in small claims court for DOUBLE the Amount of the deposit, plus any Damages you incurred.
Looks like the plaintiffs were smart enough to get an out of town attorney.
Yet they couldn’t pay the rent…. 2 wrongs don’t make it right, but
Landlords are not good people.
10:28AM, We have so many attorneys in the U.S. - that it is difficult not to turn around and find one. 12:54PM, How about that - can't pay the Rent, but found a Lawyer to represent them on a Contingency.
6:57PM, Landlords, invest a lot of Money and Time to Fix, Run, and Manage their Apartments - How would you Feel if someone owed you Money and were depriving you of the use of your Apartment or House??? You would want to go throw their crap out to the Curve - But you cannot - you have to use the courts for the Eviction Process - - Wasting 1-2 Months of your Time and Money - to get these DEAD-BEATS OUT OF YOUR PROPERTY...
The Problem is this Landlord tried to take the Law into their own hands - when the General Rule should be: If you are in Business, you need a Good Attorney - because you are either going to have to sue someone or you are going to be sued - - this is just part of being in Business - that is why not everyone is in Business for themselves - they don't want to deal with headaches - and I can tell you - TENANTS - COME WITH A LOT OF HEADACHES...
Fewer chances to get the so called 'home cooking special' when you go with an out of town attorney in a small town.
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