Jonathan D. McDowell’s Answers

Jonathan D. McDowell

Springfield Elder Law Attorney.

Contributor Level 10
  1. Can you get evicted for paying your rent late?

    Answered over 1 year ago.

    1. Jonathan D. McDowell
    2. David B Pittman
    3. M. Todd Miller
    3 lawyer answers

    Proper eviction procedures can begin on the first day of nonpayment as you now are a holdover tenant. Typcially, there is a 3-5 grace period in which eviction procedures are not utilizied. After that the landlord can pursue his remedies under the law. You also need to look back at your lease to see what procedures the landlord will take, on what day, and what penalties you will be assessed. Just remember, one day late is still late. The payment due date is not the date plus 30 days....

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  2. Can a landlord take your door off for being late on rent?

    Answered over 2 years ago.

    1. Jonathan D. McDowell
    2. Mark Eugene Klinkenberg
    3. Adam Matthew Hopkins
    3 lawyer answers

    Anytime a landlord ousts a tenant WITHOUT going through the judicial process, and I mean ANYTIME (even when a tenant hasn't paid rent). that landlord is liable for forcible entry and unlawful detainer. A landlord cannot reclaim possession by changing locks, removing any personal property, or by removing the door. Even if you did not pay your rent you still have a claim for forcible entry and unlawful detainer under RSMo. section 441.223 and RSMo. chapter 534.

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  3. My former employer has committed insr.&tax fraud, IDtheft, carried two sets of books. Should I report; How do I protect myself?

    Answered over 2 years ago.

    1. Jonathan D. McDowell
    2. Brian Joseph Munson
    3. Steven J. Fromm
    3 lawyer answers

    The IRS actually has Whistleblower awards too. If you report and it leads to judicial or administrative action, you can get a percentage of the amount required to be paid by the violator. These whistleblower award reports require you to fill out an application with specifics that will help the IRS force compliance. From an employment law standpoint, you'd be protected for whistleblowing. An employer cannot retaliate against an employee when that employee attempts to comply with...

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  4. Can I speak on behalf of my wife or husband if not on lease in Missouri?

    Answered about 2 years ago.

    1. Jonathan D. McDowell
    2. Rixon Charles Rafter III
    2 lawyer answers

    As the occupant, your husband should be able to report problems and seek assistance. In this case, send a written request to the management (and keep a copy) that states the following: I, (your name), expressly grant my husband, (his name), full authority to communicate with all parties in relation to the performance of the underlying lease, full authority to make decisions regarding the underlying lease, and report issues under the lease. My husband, (his name) is given authorization to...

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  5. Do I possibly have an EEOC Issue?

    Answered over 2 years ago.

    1. Jonathan D. McDowell
    2. Justin Anthony Morocco
    3. Christian K. Lassen II
    3 lawyer answers

    Justin is right. From your question, it seems like you have an age discrimination lawsuit. The fact that your employer thought you should retire indicates that they want a younger person. Because you're still there, you can't really sue for retaliation or discriminatory termination, but you can sue for hostile work-environment. This is a claim for when you are still working at the job, but the harassing conditions make it hard to work there, and also make it uncomfortable for you to work...

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  6. MU lawyer hasn't answered our lawyer letter for meeting. It's been 3 weeks now. What can be done? It's costing us buyers!

    Answered over 1 year ago.

    1. Jonathan D. McDowell
    2. M. Todd Miller
    3. Leonard Komen
    3 lawyer answers

    It sounds like you had an attorney send MU the letter. If that is the case, you should have that attorney tell you what can be done.

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  7. I was laid off from my job last week due to lack of work. I had accrued 3 weeks vacation but was not paid for it. Help!

    Answered almost 2 years ago.

    1. Jonathan D. McDowell
    2. Robert Edward Caldwell Jr.
    2 lawyer answers

    Yes you have a claim. Under the Fair Labor Standards Act (FLSA) and applicable wage and hour laws, an employer must pay for accrued time for time spent while working for the employer. However, the employers are not required to pay immediately. The employer is only required to pay the compensated time on the regular schedule of payment to other employees.

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  8. Unemployment appeal

    Answered over 2 years ago.

    1. Jonathan D. McDowell
    2. Anthony Graceson Laramore
    2 lawyer answers

    You are required to file in the State you're receiving benefits from consistently. You can still apply from this day forward but you probably won't receive benefits for the two weeks, unless you still filed in Missouri and they aren't crediting those weeks towards your benefits. If you did file in MO each time, then you need to make sure the state awards you the correct amount of benefits.

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  9. Can I dispose of tenant's trash?

    Answered over 1 year ago.

    1. Jonathan D. McDowell
    1 lawyer answer

    You can do this two ways: 1) under RSMo 441.065. "Any property of a tenant remaining in or at the premises, after the tenant abandons the premises, may be removed or disposed of by the landlord without liability to the tenant for such removal or disposition. The premises shall be deemed abandoned if: (1) The landlord has a reasonable belief that the tenant has vacated the premises and intends not to return; (2) The rent is due and has been unpaid for thirty days; and (3) The...

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  10. Would my social club be a mutual benefit or public benefit non profit corporation?

    Answered over 2 years ago.

    1. Jonathan D. McDowell
    2. Jonathan B. Lefkowitz
    2 lawyer answers

    It depends on your purpose. Under Revised Statutes of Missouri 355.881, a public benefit corporation is one that is for: 1) religious purposes, 2) is exempt under section 501(c)(3) of the Internal Revenue Code, or 3) is organized for a public or charitable purpose and which upon dissolution must distribute its assets to a public benefit corporation, the United States, a state or a person which is recognized as exempt under section 501(c)(3) of the Internal Revenue Code. Any corp that...

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