Theft by a roomate

[Mike Treaster]

Jurisdiction

Missouri

I allowed a friend to stay at my house for the months of Jan & Feb 2016. I was going to be traveling most of the time and I trusted her in my house around my belongings. I didn't charge her a dime to live here. She goes to church 3 -4 days a week and I felt like she was trustworthy.
She had always asked me permission to bring other people to my house in the past until last Saturday Feb 27,2016. She invited a bunch of her friends into my house. Had a big drunken party. Ate some of my food, which she knew wasn't to be touched, and someone stole my change jug with approximately $165.00 in it. She agreed that even though she didn't take the money she felt obligated to pay me for the money and the food. She has already failed on that promise.
The police has told me I cant keep her personal property and force her to pay my money back. My question is how long do I have to retain her property before I can discard it.
For what its worth a police report was filed

 

[army judge]

I allowed a friend to stay at my house for the months of Jan & Feb 2016. I was going to be traveling most of the time and I trusted her in my house around my belongings. I didn't charge her a dime to live here. She goes to church 3 -4 days a week and I felt like she was trustworthy.
She had always asked me permission to bring other people to my house in the past until last Saturday Feb 27,2016. She invited a bunch of her friends into my house. Had a big drunken party. Ate some of my food, which she knew wasn't to be touched, and someone stole my change jug with approximately $165.00 in it. She agreed that even though she didn't take the money she felt obligated to pay me for the money and the food. She has already failed on that promise.
The police has told me I cant keep her personal property and force her to pay my money back. My question is how long do I have to retain her property before I can discard it.
For what its worth a police report was filed

You present another in hundreds of reasons WHY one should NEVER allow anyone to stay overnight in their home.

There are a few exceptions, friends however, are never in that category.

The law in MO says:

You may dispose of a tenant's abandoned belongings -- by selling them, giving them away, or simply tossing them out -- after four requirements are met:

1 You reasonably believe that the tenant has vacated the premises and doesn't intend to come back. If the tenant has disappeared without notice, take care to document the reasons you believe they won't return. For example, did the tenant have the utilities shut off? Did they talk to neighbors about their plans? If you later have a dispute with the tenant about whether they abandoned the rental unit, you'll want to be able to prove your case.

2 The tenant hasn't paid rent for at least 30 days.

3 You post and mail a notice to the tenant, as described below, giving the tenant ten days to state that they haven't abandoned the property.

4 The tenant doesn't pay rent or respond in writing within the ten-day period.

(See Missouri Revised Statutes § 441.065.)

Yes, she was a tenant, even if the deadbeat never paid a dime in rent.
That's another reason why one never allows anyone to stay overnight.
I even go so far as to never entertain in my home.
When I do, its usually at a restaurant, or other venue.

According to Missouri law, that notice must say:

"The rent on this property has been due and unpaid for thirty consecutive days and the landlord believes that you have moved out and abandoned the property. The landlord may declare this property abandoned and remove your possessions from this unit and dispose of them unless you write to the landlord stating that you have not abandoned this unit within ten days of the landlord having both posted this notice on your door and mailing this notice to you. You should mail your statement by regular first class mail and, if you so choose, by certified mail, return receipt requested, to this address: [your name and address goes here]."

(See Missouri Revised Statutes § 441.065(3).)