Lemp Law, LLC

This Sunday 10:30-noon Lemp Law is holding a FREE brunch to promote Francis Park's Art in the Park. Come by grab some snacks and then walk over to the art fair. Please contact me, or my wife to RSVP & for the address. Hope to see you then

Dear Eric: I own several rental properties and in one of the properties I have a family who has not paid rent in 3 months and they refuse to leave. One of my buddies suggested I wait until the tenants are gone and place their belongings on the street, another suggested I remove the doors. I know you have an extensive background in evictions, what do you suggest? Keith 'em to the Curb?... ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dear Keith 'em to the Curb: Let me start by saying, PLEASE do not throw belongings on the street, remove doors, change locks, turn off utilities, or in any other way tamper with the general habitability of the dwelling. These actions are similar to putting duct tape over a hole in your tire, it may work, but in the long run you are putting yourself in jeopardy. These are not legal ways of evicting tenants and they may be able to seek judicial recourse against you! To avoid opening yourself up to liability you should obtain an order from the court officially evicting your tenant. You may need to provide specific notices of either the breach or termination of the lease before you can proceed. You should review the terms of your lease with the tenant carefully. Many courts, including St. Louis County and City, provide forms for landlords to file an eviction that you can fill out yourself. However, to properly ensure that you are proceeding correctly, I would recommend you at least have an attorney review the form with you. A notice or form that was not properly prepared will only further delay evicting the tenant or collecting rent for your property (especially if this is your first experience with eviction). Once you have completed your form, you may submit it to the Court, once the Judge enters judgment, you will want to coordinate the lockout with the sheriff. I have included a link for St. Louis County's lockout procedure for your convenience. http://www.stlouisco.com//CircuitCourt/S/EvictionProcedure Alternately, this is the area of law that my firm handles, and I will be happy to handle an issue such as this from start to finish for you. Just be careful, protect your interests... and don't Keith 'em to the Curb! -Eric

ATTENTION! BLOG POSTS TO RESUME ON MONDAY (This was a semi-holiday week for Lemp Law) FYI---> at least 25% off all new cases (from traffic to estate planning, we are here for you when you need us most) just mention the 'Friends and Family Facebook discount' when you call.

Dear Eric: Your article on 'Party Walls' was great, and I am so glad I read it when I did! I am looking to buy a row house in Soulard and will be much more aware now. Are there any additional factors I need to be aware of since I am buying not renting? Another Brick in the Wall... Dear Another Brick in the Wall: Sharing a common wall becomes even more complex if you own the property on only one side of said wall, this is typically the case with condominiums, townhouses, and row houses. Before moving into your new home you will want to ensure that there is a recorded easement, a cross easement, or other agreement between the neighbors that pertains to the wall. This will give you enforceable rights to prevent the owner on the other side from making changes to the wall. You may be thinking to yourself, 'Why on Earth would someone want to open their home into mine by an easement?' Well, maybe you are that noisy neighbor, and they want to add some type of sound proofing. Perhaps Tim the Tool Man Taylor lives on the other side of the Party Wall, and his idea of a Party is large scale reno'. The point is you can never be to careful. You will want to guarantee that the wall remains structurally sound to prevent damage to the rest of your property. Furthermore, the easement or party wall agreement can address terms for the maintenance, repairs, and distribution of related costs. The agreement should be recorded so that the terms extend to future owners. Before having the aforementioned paperwork drawn up make sure these issues aren't already addressed. If the issues are addressed, before buying the property, ensure that they are addressed in an manner that you feel is fair and liveable. Other common elements, such as entry ways and outdoor space may be addressed in the agreement as well. Eric

Dear Eric: I have been living in the same rental home for about 10 years, I love it but now have to move to an assisted care facility. I don't care about bringing most of my belongings, what I most want to bring are my prized rose bushes. I planted them myself and have always been fully responsible for their care, I will be able to take them with me won't I? Not so Rosy Ruthie... Dear Not so Rosy Ruthie: I have some bad news, but hopeful advice. Your prized rose bushes are a fixture, a type of improvement that is considered to be permanently attached to the home or adjacent land of the rental property. Unless your lease specifically addresses alternate arrangements, fixtures stay with real property when it changes ownership, or in your case your tenancy ends. There are various factors that go into determining if something is a fixture, so each item should be analyzed on a case-by-case basis. However, the best general test I have heard for determining if an item is a fixture is to imagine lifting the real estate in question and flipping it upside down. Any item that stays in place when you gently shake that upside down home is considered a fixture. That being said, you have lived in the same rental home for 10 years, my guess is that you were a good tenant or else you wouldn't have been there so long. You may want to approach your landlord and simply ask if he minds if you bring one or all of the bushes with you. You may want to offer to replace the soil, and if you sense resistance perhaps offer to replace with a similar size shrub. I hope this works for you! -Eric

Dear Eric, I am a single mom, working and in school full time, I share a common wall in my townhouse. The neighbor on the other side consistently plays loud music and video games late into the night. The noise level is loud enough to prevent the baby from sleeping and distract me from my studies. Is there anything I can do? Sincerely, Sleepless in St. Louis... Dear Sleepless in St. Louis: Anyone who has lived in an apartment or townhouse has probably experienced a similar nuisance at some point. The shared wall is actually commonly referred to as a 'party wall', but it is no party to combat being on the wrong side of the wall. If you have not already done so, I would recommend first politely addressing the issue with your neighbor in person. Even a note with the best intentions may be read the wrong way by someone who has never met you. If the problem persists I would suggest reviewing your lease to see if there are any noise curfews for your unit or complex, if the need arises you may want to address it with your landlord. If all else fails, St. Louis County, much like the surrounding counties, has a Noise Control Code (see link below) if it is between the hours of 10:00 p.m. and 7:00 a.m. and the noise is audible from outside of the property line, the police will likely ask your neighbor to turn the music down. Additional notes on party walls.... When it comes to party walls an ounce of prevention may be key to ensuring a happy coexistence with your neighbor. Before moving to a residence with a shared wall see what you can find out about the occupant who lives on the other side, neighbors may have a lot to say about a troublesome neighbor. Try to gauge the "party wall's" ability to muffle noise by scheduling a walk after work hours. https://www.municode.com//st._lo/codes/code_of_ordinances