Protect Yourself From Troublesome Tenants: 5 Tips

Have you ever considered renting out your second home or vacation property? Leasing property to tenants can be a great way to supplement your income or, at the very least, cover the cost of the mortgage, utilities, and insurance on second properties. It is important to tread cautiously and cover all of your bases, however; if you aren't careful, you could subject yourself to a variety of legal hassles.

Gibbons Law Firm has a longstanding landlord-tenant practice at the Lake of the Ozarks, with significant experience representing landlords who are dealing with challenging tenants. Today, we are sharing a few simple suggestions to help landlords protect themselves from potential legal hassles. If you are currently leasing property or considering doing so, keep these points in mind.

1. Conduct A Thorough Background Screening.
The best way to avoid challenges with your tenants is screen prospective tenants to filter out applicants who may be more likely to cause trouble. As a landlord, it is completely within your rights to conduct a background check on all prospective tenants. Passing premature judgments based on superficial factors is rarely wise, but screening applicants based on their criminal and financial history may save you a great deal of grief in the long run.

2. Have Both Parties Sign A Comprehensive Lease.
A proper lease agreement is the foundation of a successful landlord-tenant relationship. Your lease agreement should clearly outline all expectations tenants are expected to meet. In addition to the basic components, (how much rent is owed, when payment is due, the duration of the lease, etc), your lease should also identify specifics such as what uses of the property are/are not permitted, who will be responsible for utilities, who will be responsible for repairing damages and malfunctioning appliances, etc. Both parties should sign this lease before the tenant receives the keys. In order to make sure your contract is comprehensive (and legally sound), you may want to consider having an attorney review your agreement before it is signed.

3. Keep A Written Record Of All Correspondence.
As you work with your tenant, it is wise to keep a written record of all communication. Since it allows for easy documentation, email is an optimum method of correspondence. Text-based communication and phone calls are sometimes preferred, however, so it is important to take steps to document correspondence that occurs via these mediums. Follow-up with an email documenting your conversation, or capture screen grabs of text messages. If your tenant fails to uphold an agreement that was formed after the lease was signed, you'll want to have documentation of this agreement.

4. Document All Payment Activity.
As a landlord, it is essential that you keep thorough documentation of your tenants' payment activity. Hopefully they will pay their rent in full and on time every month, but juggling bills can sometimes be challenging. If your tenants begin missing payments or find themselves unable to pay in full, you may negotiate a new payment schedule or consider eviction. If you decide to pursue legal action for your tenants' missed payments, you will need to have official documentation of all payment activity.

5. Consider Eviction As A Last Resort.
When your tenant violates your lease agreement or becomes problematic in another manner, your first approach should often be to simply talk with them. Communicate your expectations, and clarify the consequences they may face if they fail to meet those expectations. Be sure to document all communication that takes place. We typically recommend that eviction be reserved for a last resort, as it can be time-consuming and costly. If repeated attempts to resolve the issue are unsuccessful, however, eviction may become necessary. We recommend securing legal counsel to assist with the process to minimize your risk.

Gibbons Law Firm: Your Resource For Dealing With Challenging Tenants
If you are struggling with challenging tenants, we hope you'll consider scheduling a consultation with Gibbons Law Firm. As landlords ourselves, we have first-hand experience with some of the challenges that may arise and the strategies that may be used to effectively overcome them. Your initial consultation with our Lake of the Ozarks law firm is always free. Call 573-348-2211 to schedule yours today.

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Gibbons Law Firm

4075 Osage Beach Parkway, Suite 300

Osage Beach, MO 65065

(573) 348-2211

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Long-Term Consequences of a Criminal Conviction

Being charged with a crime is a serious matter, and one that should not be taken lightly. If convicted, you may be sentenced to financial penalties, incarceration, and/or a combination thereof. Even after you are released, your criminal record may continue to haunt you and affect multiple aspects of your life. Today, our criminal defense attorney in Osage Beach MO is here to explore some of the different long-term consequences of a criminal conviction.

What Happens If You Are Convicted Of A Crime?

If you are convicted of a crime, you will receive a sentence. You will be required to serve this sentence in whatever capacity it entails - failure to do so may result in further penalties. Your conviction will likely go on on your permanent (and public) criminal record, which means that you may continue to feel the effects of your conviction for years after your sentence has been served. Here are a few examples of how a criminal record may impact your life.

Difficulty Obtaining Housing
Individuals with a criminal history often find it challenging to obtain quality housing. If you are attempting to lease an apartment, you will likely be required to submit to a background check during the application process. Landlords are often hesitant to offer leases to individuals with criminal history. Unfortunately, buying a house may not be much easier; serving time in prison can create financial challenges that may lower your credit score, making it more difficult to obtain a mortgage loan.

Difficulty Obtaining Employment And Education
Education and careers are integral components of successful adulthood. Unfortunately, individuals with criminal records often find it much more challenging to secure stable, high-paying positions or be accepted into educational programs that may allow them to pursue professional positions later on. Applications for both jobs and schools often require you to reveal whether or not you have a criminal history, and this fact may deter companies and institutions from accepting you into their workforce/program.

Difficulty Obtaining Professional Licenses
Depending on your criminal background, you may find that certain careers are even more difficult to pursue than others - in some cases, certain careers paths may be completely out of reach. For example, careers that require a professional license (massage therapist, counselor, real estate agent, etc) often require applicants to submit to a background check before their application will be approved. Depending on your conviction, your application may be denied.

Difficulty Obtaining Child Custody
The desire to be closely involved in your child's life is natural and strong, but convicted felons often find it difficult to be legally granted custody. In some cases, visitation rights may also be limited. Custody is often determined based on who the court believes will be best able to provide for the child's best interests. If you have a criminal history, the court may deem you unfit to care for a child.

Other Impacts
Though serious, the challenges we just discussed are only a few examples of the ways that a criminal conviction can impact your life down the road. A conviction can also impact your life in numerous other ways, such as:

• Denying you your ability to vote
• Prohibiting you from owning a firearm
• Limiting or denying your driving privileges

Contact A Criminal Defense Attorney For Representation

If you are facing criminal charges, securing representation from an experienced criminal defense attorney is the first step to protecting your rights and preserving your freedom. Depending on your situation, a Lake of the Ozarks criminal defense attorney may be able to reduce your sentence and penalties. You may also be able to protect your future by getting your records sealed or, in rare cases, expunged. Your Missouri criminal defense attorney can help you determine the best strategy for your specific situation.

Contact Gibbons Law Firm to schedule your free initial consultation.

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Gibbons Law Firm

4075 Osage Beach Parkway, Suite 300

Osage Beach, MO 65065

(573) 348-2211

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Pulled Over For Drunk Driving: Are You Giving Up Your Rights?

Even if you haven't been drinking, being pulled over under suspicion of drunk driving is a stressful experience. If you have had a few drinks, your heart rate will probably skyrocket as you anticipate what lies ahead. You desperately hope that the officer who pulled you over is in an agreeable mood - maybe he'll be willing to cut you a little bit of slack.

Unfortunately, the officer's mood is rarely an indication of how the overall process will go. Police officers are specially trained to watch for subtle variables that may indicate when a driver is intoxicated. Even if your officer seems congenial and agreeable, he will have a keen eye open for factors that will give him probable cause to arrest you for driving under the influence. Our Lake of the Ozarks DWI defense attorney is here to help you avoid giving him exactly what he's looking for.

Reasonable Suspicion Of DWI

In order for an officer to pull you over, he has to have have what is legally referred to as "reasonable suspicion" that a crime is being committed. From a DUI perspective, this typically means he has to have seen you committing successive driving errors or traffic violations (even minor ones). For example, he may have noticed you weaving in and out of your lane, rolling through stop signs, or stopping and starting suddenly.

Just because he pulls you over does not mean he has the grounds to make an arrest. In order to make an arrest, he needs to have probable cause. If you aren't careful, however, you could give that to him during what you thought was an innocent, amicable exchange.

Once You've Been Pulled Over

If you've ever been pulled over, you are familiar with the typical exchange that takes place. The officer may either ask if you know why you were pulled over, or he may tell you outright. You'll converse briefly about the reason he pulled you over, and he'll ask you for your license and proof of insurance.

At some point during the conversation, he may casually ask you if you've had anything to drink. You might tell him that you had a couple of drinks with your friends, but that it has been a while since then.

Depending on your conduct during your conversation, the officer may decide to ask you to perform certain field sobriety tests. These tests are designed to help the officer evaluate multiple factors to determine whether or not you may have been drinking. As examples, the officer will be looking for:

• Your ability to focus on a task
• Your ability to follow directions
• Your ability to balance
• Involuntary jerking movements in your eye

Standard field sobriety tests include three specific tasks: smoothly following an object (such as the officer's finger) with your gaze, standing on one leg, and walking heel-to-toe in a straight line, then turning around and walking back.

If you fail any of these tests, the officer may ask you to submit to a breathalyzer test. The officer will use the reading on the breathalyzer test as evidence to confirm suspicions he already has. In some cases, he may wait and not use the breathalyzer until after an arrest as already been made and you are at the police station.

What Should You Do Differently?

First and foremost, the best thing you can do is to never drink and drive. Appoint a designated sober driver, call a cab, stay with a friend, drink at home, and do anything else you can to ensure that you do not get behind the wheel after drinking. This is the only way to absolutely ensure you will not be arrested for drunk driving. We are in no way condoning driving under the influence. 

If you are pulled over, it is important to recognize that everything you say and do during your conversation with the officer can be used against you in court. The officer will be required to remind you of this fact (and your other Miranda rights) during an arrest, but he is not required provide this reminder at any time before an arrest. 

If you are pulled over under suspicion of DUI, the best thing you can do is to say as little as possible. No matter what the officer tells you, we can assure you that you are not required to say anything. You are also not required to perform field sobriety tests or submit to a breathalyzer test. Speaking unnecessarily or submitting to these tests only gives your officer evidence to use against you later on. This will make it much more challenging to back up your position when the time comes.

Contact Us For DWI Representation

Driving under the influence is a criminal act, and a DUI conviction carries serious legal consequences. If you are facing DWI charges, securing quality representation is essential. Our DWI attorney in Osage Beach MO has the skills you need to ensure your rights are protected at all times. Schedule your free consultation with Gibbons Law Firm by calling 573-348-2211.

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Gibbons Law Firm

4075 Osage Beach Parkway, Suite 300

Osage Beach, MO 65065

(573) 348-2211

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How Much Does Divorce Cost?

Financial challenges are a leading cause of divorce in the U.S. While divorce in and of itself does not have to be expensive, various factors can drive up the cost and result in a rather costly endeavor overall. Unfortunately, this often only adds to the financial stress each spouse is already carrying.

At our family law firm in Osage Beach MO, one of the most common questions we are asked is how much it will cost to get divorced. Each situation is different, so it is impossible to provide a cut-and-dry pricing amount that will apply to every case. However, there are certain factors that can influence the total cost. Gibbons Law Firm is here to help you examine some of these factors and how they may apply to your situation.

Cooperation

This factor will likely have the strongest influence on the overall cost of your divorce. If you and your spouse can agree on how you want to handle things, you will be able to sign agreements outside of the courtroom, which will likely save you thousands of dollars. If you cannot agree on things and instead decide to take various issues to court, you will be faced with expensive litigation fees.

Children

If you and your spouse share children, your divorce will almost inevitably become more challenging (and, consequently, more expensive) as you determine how to divide custody. Custody battles are often the most highly contested aspect of any divorce, and when spouses cannot agree on an issue, the overall cost inevitably goes up. 

Extensive Marital Assets

The more property and assets you and your spouse accumulated during your marriage, the more work will be involved in dividing them between you. If you only shared the marital residence, dividing the property shouldn't be too challenging. However, if you own multiple properties, share lucrative investments, and have both your names on extensive retirement accounts, the process may become much more involved.

The Attorneys

It probably goes without saying, but the attorney(s) you choose to represent you in the divorce process will significantly impact the overall cost. Some attorneys are much more expensive than others, and some are guided by significantly less integrity. When selecting which Lake of the Ozarks divorce attorney you would like to represent you, it is important to choose a trustworthy individual you can rely on to keep your best interests at heart. 

Contact Gibbons Law Firm For Divorce Representation

If you are considering filing for divorce at the Lake of the Ozarks, we hope you'll consider contacting Gibbons Law Firm for the trustworthy and affordable representation you need. Over the years, our skilled attorney has successfully represented hundreds of divorce cases. We would be honored to put our knowledge to work for you.

In addition to divorce, we have experience dealing with all matters relating to family law, including child custody, child support, spousal maintenance, division of assets and liabilities, termination of parental rights, prenuptial and postnuptial agreements, paternity cases, legal separation, annulments, guardianships. For more information about our family law services in Camden County MO, visit our website: www.RGibbonsLawFirm.com. We look forward to representing you.

Your Trusted Legal Resource

Gibbons Law Firm

4075 Osage Beach Parkway, Suite 300

Osage Beach, MO 65065

(573) 348-2211

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Invalid Reasons To Fire Someone

As a business owner with employees, it is your responsibility to build a team of professionals dedicated to your company's success. Significant challenges may arise when someone on your staff is not working towards the common goal of helping the company succeed. Smaller (but no less taxing) challenges may arise when someone on the team does not get along well with the rest of the staff. Unfortunately, firing an employee who is not a good fit for the company may not always be as simple as it sounds. Our employment attorney in Camden County MO is here to help you avoid stumbling into any adverse situations.

The Equal Employment Opportunity Commission

The Equal Employment Opportunity Commission (EEOC) has developed a list of strict rules governing employers who hire and fire employees. The EEOC is designed to protect women and minorities who, in the past, have been discriminated against in the workplace based solely on certain characteristics. In an effort to ensure that all people are treated equally, the EEOC prohibits employers from making employment decisions about existing and potential employees based upon any sort of physical, cultural, ethnic, or religious characteristic.

Invalid Reasons To Fire Someone

There is an employment doctrine called "employment-at-will," which essentially allows employers to fire employees whenever they wish, sometimes seemingly for no reason at all. While the employment-at-will doctrine does not require employers to have specific reasons for firing someone in some cases, there are still certain reasons that cannot be used under any circumstances. If an employee can make a case for their termination being tied to one of these invalid reasons, the employer may face serious legal repercussions. For example, you cannot terminate employment because:

• Your employee is a woman or other minority.
• Your employee follows a different religion than you do.
• Your employee is over a certain age.
• Your employee belongs to a different nationality.

Beyond the regulations set by the EEOC, there are additional reasons that may not be used to fire someone. For example, employment decisions may not be used as a form of sexual harassment (e.g., terminating employment because your employee refused your request to go out on a date). You also cannot fire someone for "whistle blowing" - in order words, someone who reveals your company's illegal practices to the local authorities.

What Conditions Must Be Met In Order To Fire Someone?

In order to rightfully and lawfully terminate employment, you must be able to prove that the employee was not a good fit for the company and/or that the employee was not adequately meeting the expectations set forth within the job description and requirements.

Even if you terminated employment for valid reasons, a vengeful ex-employee may be able to create a convincing workplace discrimination case if you do not have documentation to back up your decision. If you hired a replacement that was ten years younger, for example, your ex-employee may be able to build a case for age discrimination even if that was not your true reasoning or intention. This is why it is important to always preserve documentation that supports your decision to fire someone (e.g., copies of emails requesting that a specific task be completed by a certain time). 

Contact Us With Questions About Employment Law

Employment law is a complex legal field - one that must be navigated carefully in order to avoid inadvertently creating a challenging situation. Our employment attorney in Osage Beach MO has the skills and expertise you need to protect your business interests as you manage employees. For more information about our employment law services at the Lake of the Ozarks, visit us at www.RGibbonsLawFirm.com.

Your Trusted Legal Resource

Gibbons Law Firm

4075 Osage Beach Parkway, Suite 300

Osage Beach, MO 65065

(573) 348-2211

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Divorcing An Alcoholic

All marriages, even the happiest and most successful ones, undergo challenges at certain times. Sometimes, however, the challenges become so great that couples develop what the Court deems "irreconcilable differences" and decide that filing for divorce at the Lake of the Ozarks is their best (or perhaps their only) viable option. If one of the spouses has alcoholic tendencies, divorce may be even more necessary. Unfortunately, it may also be more difficult.

Alcoholism In A Marriage

Alcoholics are notoriously difficult people to share homes with. People with true alcohol dependencies may become argumentative, irresponsible, poor communicators, and (in some cases) violent or abusive. They are often particularly bad influences on children, and consequently may be especially problematic in a marriage where children are present. Someone married to an alcoholic often feels buried under a great deal of stress, frustration, despair, and general unhappiness.

Alcoholism is a disease, and as such there are certain treatment methods that can sometimes be used to cure someone of their alcoholism. Treatment can be long and challenging, however. People battling alcoholism typically requires a strong support system consisting of their spouses, friends, and family in order to overcome their problem. Of course, they must also be willing to go through the treatment.

Alcoholism In A Divorce

If your spouse's alcoholism becomes too great of a problem for you to continue to face, divorce may become your only viable alternative. If you are facing the possibility of divorce, Gibbons Law Firm is here to help you prepare by offering these general considerations.

You May Have To Prove There Is A Substance Abuse Problem
Some alcoholics are high-functioning and may still be able to hold down a stable job in spite of their addiction. If your spouse will not admit to having an alcohol dependency, you may have to work with your Lake of the Ozarks divorce attorney to prove to the Court that there is, in fact, and alcohol dependency present.  

Substance Abuse May Affect Custody
If you are able to prove that your spouse suffers from a substance abuse problem, you may be able to limit his/her custody rights on the grounds that living with said parent would be unsafe for the children. The Court typically considers substance abuse to be a heavily influencing factor when determining child custody.

Substance Abuse May Affect Visitation
If the alcohol dependency is severe enough, the Court may determine that in addition to not being awarded partial custody, the alcoholic parent may not be awarded any visitation rights either. As the sober parent, determining whether or not to fight for this ruling can be an emotional process. The desire to let your children spend time with both parents may be strong, but it is important to be realistic. If your alcoholic spouse presents a danger to the children, it is crucial that you fight to protect them.

Substance Abuse May Affect Division Of Assets
It is the Court's responsibility to divide marital assets and liabilities in a fair and equitable manner. Typically, substance abuse does not play a role in determining whom shall receive what in a divorce. However, there are exceptions, such as instances wherein the alcoholic spouse spent a significant portion of the marital savings on alcohol or other addictive substances. In these cases, the sober spouse may be entitled to a larger percentage of the assets during the divorce.

Contact Gibbons Law Firm For Representation

Due to their often difficult and argumentative nature, alcoholic spouses can be difficult to work with during a divorce. If you are facing the possibility of divorcing an alcoholic spouse, we encourage you to schedule a consultation with our divorce attorney in Camden County MO. Our experienced team can help you determine the best course of action for your specific situation. Remember, your initial consultation with Gibbons Law Firm is always free.

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Gibbons Law Firm

4075 Osage Beach Parkway, Suite 300

Osage Beach, MO 65065

(573) 348-2211

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Understanding Missouri Domestic Violence Laws

Centuries ago, men were allowed to beat their dependents in order to ensure an orderly, obedient household. The only regulation was that they had to use a very small stick (one no thicker than their finger). In addition to wives and children, "dependents" also referred to slaves and indentured servants. This practice was not allowed for long - slaves were freed, and the act of beating one's dependents became criminalized. Today, there are harsh consequences for anyone who assaults a family member. Keep reading to learn more about Missouri's domestic violence laws, courtesy of our criminal defense attorney in Osage Beach MO.

An Overview Of Domestic Violence Laws

A person is considered guilty of domestic violence if he or she commits physical or sexual assault against any of the following persons:

• Someone he/she lives with or has previously lived with
• Someone he/she has a child with
• Someone he/she is currently dating or has dated in the past
• A current or previous spouse
• A family member (either by blood or marriage)

First, Second, & Third Degree Charges

Domestic assault in the first degree refers to the most serious and heinous acts. First degree charges only relate to individuals who knowingly kill, attempt to kill, seriously injure, or attempt to seriously injure a domestic victim. Domestic violence in the first degree is considered a felony and may be punishable by several years of imprisonment, possibly up to a life sentence.

Typically, second degree domestic assault charges are also considered felonies. Generally, domestic assault in the second degree refers to any behavior wherein the aggressor recklessly or intentionally causes serious physical injury, either by using a deadly weapon, dangerous instrument, or his/her own hands. 

Third degree domestic assault charges are not quite as serious as those classified in the first or second degree, and are typically classified as misdemeanors. Examples of third degree domestic assault charges may include physically harmful acts, such as:

• Threatening a victim with fear of immediate physical injury
• Engaging in unwanted physical or sexual contact with a victim
• Forcing a victim to engage in unwanted sexual acts
• Causing moderate physical injury, either intentionally or recklessly

Third degree domestic assault charges may also include acts that do not cause immediate bodily harm, but are instead used to terrorize victims. Examples of non-physically violent domestic violence charges may include:

• Stalking a victim
• Isolating a victim by cutting off contact with other friends and family members
• Parental kidnapping (cutting your children off from contact with family or the other parent - typically in violation of custody agreements)

Who Can Be Victimized By Domestic Violence?

Domestic assault offenders don't discriminate. Anyone can be the victim of domestic violence, including children, adults, and elderly individuals. If you or someone you know has been the victim of domestic violence, it is important to seek help. Multiple shelters are available to house women, men, and children who have been victimized by their spouses or partners and need a safe place to go. Law enforcement and attorneys are available to help you seek legal recourse for your suffering and ensure that your attacker gets the punishment he/she deserves. Depending on the circumstances surrounding your specific situation, the court may issue a permanent order of protection to prohibit the attacker from making any future contact with you. If necessary, the court may issue a temporary ex parte order to protect you until a permanent order of protection may be established.

Contact Gibbons Law Firm For Representation

Our general practice firm in Osage Beach has experience representing clients in a wide variety of domestic violence cases. Contact our domestic violence attorney in Camden County MO for representation. Remember - your initial consultation with Gibbons Law Firm is always free.

Your Trusted Legal Resource

Gibbons Law Firm

4075 Osage Beach Parkway, Suite 300

Osage Beach, MO 65065

(573) 348-2211

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