The Law Office of Jack A. Lewis
Other Practice Areas
(Collections Law, Landlord-Tenant, Real Estate)
Rent and Possession
How do I evict a tenant?
If a tenant does not pay the rent that he or she owes a landlord, then the tenant may be sued for any past due rent (owing up to the date of the hearing) and for possession of the premises. A tenant may be removed from the premises by an appropriate order to the sheriff.
To begin such action, the landlord must file a petition with the Court and obtain a judgment. Mr. Lewis has extensive experience handling Landlord-Tenant cases. We represent both Landlords and Tenants. If you have been served with a Petition for Rent & Possession by your Landlord, or if you are a Landlord and your tenant(s) are behind in their rent payments or have violated the terms of their lease agreement, Our Office can help you obtain a satisfactory resolution. Give us a call today to schedule an appointment.
Unlawful Detainer (Where a Landlord seeks to evict a Tenant for Reasons other than Delinquent rent)
If a Landlord wishes to remove a Tenant who is current on the rent, the Landlord must file an action for Unlawful Detainer. A Landlord may file such an aciton for several reasons.
A Landlord wishing to file an action for Unlawful Detainer must only give a Tenant a 30 day notice without stating a reason (for a month-to-month tenancy), or for a material breach of the lease agreement.
After the time has expired, a petition may be filed and a judgment obtained for double the fair market rent and possession of the premises.
A Landlord may also evict a Tenant if he or she receives a written notice from law enforcement stating that the tenant is using the property for illegal purposes such as drugs, gambling or prostitution. A 10 day notice is all that is required under Missouri Law for a lLandlord to evict a Tenant for this reason. If you are a Landlord and you wish to file an action for Unlawful Detainer against a Tenant(s) or if you are a Tenant and your Landlord has filed an action against you, call Our Office today. We have handled many of these types of cases, and can assist you with your legal issues.
We Defend Clients against Companies seeking to collect Old Debts
What is a "Zombie debt"?
"Zombie debt" is an old debt that in many cases has been paid, written off, settled or discharged in bankruptcy that is nevertheless being pursued by collectors. Companies sell these old debts to third-party collectors who can then hound you for a debt you thought had been discharged long ago. You must defend yourself against these, otherwise, third-party debt collectors can obtain a default judgment against you and begin to garnish your wages or file a lien against your home. If you are being hounded by third-party collection agencies for an old debt that you have already paid, give Our Office a call today and let us assist you with your debt collection issues.
Are you a general contractor or subcontractor that has lost money in a construction project? If you or your company performed work pursuant to a contract or subcontract and have not been paid, Our Office can help you get your just compensation by filing a Statement of Mechanic's Lien.
What is a Mechanic's Lien and how can I benefit from filing one?
A Mechanic's Lien is a remedy that gives a contractor or subcontractor an interest in a piece of real estate. When a contractor or subcontractor provides work or materials on a piece of real estate pursuant to a contract, the value of the real estate is increased. If a contractor or subcontractor is not paid for his or her services, Missouri allows the contractor or subcontractor to file a Statement of Mechanic's Lien with the Court in the County in which the real estate is located. If filed properly, the Mechanic's Lien gives the contractor or subcontractor an interest in the real estate itself to ensure that the contractor or subcontractor receives its due compensation. Once a contractor or subcontractor is granted a Mechanic's Lien on a piece of real estate by the Court, the contractor or subcontractor may be able to foreclose on the property. Any proceeds from the sale of the real estate are distributed accordingly.
If you are a contractor or subcontractor, and you are having problems getting paid for a job that you were contracted to perform, Our Office can help you. We have successfully tried numerous Mechanic's Lien cases in Missouri, and we can help you obtain the just result that you have rightfully earned. Give us a call today.
What is a partition action?
A partition action is used when a piece of real estate has more than one owner (both or all own the real estate jointly). The action is filed (either owner may file) when the owners cannot reach an agreement as to how to divide the property or what use should be made of the property. This is most common when one party wants to keep the property in the family and the other parties want to buy it at an unreasonable price. Ultimately, the property is sold and the proceeds divided. If you own real estate jointly with another party and wish to divide your interest in the said property, Our Office can help you.
Are you planning to sell or convey Real Estate? If so, it is always a good idea to have an experienced Real Estate Attorney prepare your deed.
Transferring a piece of real estate can be a complicated matter. A deed can be alot more than a simple instrument that conveys a piece of real estate from a seller to a buyer or purchaser. In most real estate transactions, the buyer wants a "general warranty deed", or a deed that contains covenants (promises to the buyer). For example, most general warranty deeds contain a covenant that promises the buyer that the seller is the only owner of the real estate and reassures the buyer that he or she will not be disturbed in the future by other parties claiming to be the rightful owners of the real estate. You may not be sure what interests you hold in a piece of real estate, and want to simply convey your property by a "Quitclaim Deed" or a deed that passes whatever interest the seller has in the real estate to the buyer. If you have been recently married, you may add your spouse to your real estate by deed. Whatever your needs, Our Office can prepare any deed that you need to convey your property.
Some people want to pass their real estate to an heir or loved one, but do not want to go through the expense of drafting a will and opening up an estate. In Missouri, you can pass your real estate without going through the hassle of opening up an estate by drafting a beneficiary deed. A beneficiary deed (also called a "Transfer-on-Death" Deed) tranfers your property to a named beneficiary on your death. If a piece of real estate is the only property that you own and you want to pass said property to an heir, a beneficiary deed may be an acceptable substitute to a will and can save money. Give us a call today, and let Our Office help you draft a beneficiary deed.