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Questions Answered by Jennifer Sheila Kornblum
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: My daughter has a mobile home on my land in Missouri. How do i evict her and her trailer.

My daughter and her husband have a trailer next to my house. There are constant drugs and people running in and out. The police are always showing up because of various reasons. They have stolen things from us, disturbed the peace, and even gotten physical. They have a 1 year old and 3 year old in... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Sep 10, 2019

There are statutes that regulate eviction of mobile homes that you will need to follow. You really need to consult an attorney to make sure you follow the law so you can get them and their trailer out legally and permanently.

2 Answers | Asked in Contracts and Landlord - Tenant for Missouri on
Q: Is there a specific type of lawyer to work with to draft a contract to give to someone to that owes you a large sum of $

Here is the situation: Currently the debtors are working with me, and agreeing to work out payment solutions including legal action if necessary. I want to make sure this next document\contract we sign contains the right words follows the right steps to allow me to collect should this go to a legal... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Sep 9, 2019

Any contract attorney should be able to help you with this type of agreement. If the debtors breach the agreement you will still have to go through the court process but you can put in provisions that will give them incentive not to breach.

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1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Legally, can I do anything in Missouri to get her out ASAP if rent is already 5 days late? What's the process?

My tenant moved in one month ago. I chose her from multiple applicants only because she said she was ready to move in ASAP and assured me that she had all of the money required to move in. I live out of state, so my parents manage a lot of things for me.

Upon receiving keys, the tenant... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Sep 5, 2019

A properly worded and lawfully prepared notice can give her three days to either pay in full or move out. If she fails to do either you still have to go through the eviction process. You should consult an attorney

2 Answers | Asked in Real Estate Law for Missouri on
Q: Is my title company my advocate if it is holding monies paid by the seller before closing?

The seller gave the title company monies to hold for the install of a septic system to be done after we closed. A company, Earth 1st., came, did the work and left without talking to me. I called them a week later to ask them when to expect them to come to finish the work and was told they were... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Sep 1, 2019

Generally speaking, a title company does not act as an advocate at all. It is a neutral third party to a transaction. If there is a disagreement about funds held in escrow, you should talk to an attorney about how best to reach an agreement on disbursement.

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2 Answers | Asked in Civil Rights and Real Estate Law for Missouri on
Q: My nephew lives with my mother in a house I purchased. He pays for nothing. What will it take to get him out?

My mother pays for insurance and taxes only. There is no rental agreement for my mother or my nephew. My nephew receives mail at the house, is there some implied agreement? Mom health is failing, what will it take to get him out if he refuses to go when the time comes?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Aug 27, 2019

This situation may be more involved than you would think. There are legal procedures in place to evict tenants, but it can be more difficult to evict squatters. You may want to get your nephew paying some nominal amount now, so he can be considered a tenant when the time comes. You should consult... Read more »

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1 Answer | Asked in Landlord - Tenant for Missouri on
Q: I am trying to catch up on my rent and have paid alot to it my question is can she add my balance even higher tocatch-up

Add late fees on to balance

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Aug 27, 2019

The terms of your lease will control this situation. If your lease provides that there are late fees or administrative fees charged for late rent, the landlord may accrue those fees.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: Can a member of your llc rent out a property owned by the llc?

Can a member of your llc rent out a property owned by the llc?

Just started a membership llc and working on building inventory when a member expressed interest to rent out one of the newly acquired properties by the company. Can that member rent the property just like if it was a normal... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Aug 25, 2019

A member of the LLC can rent just like a normal tenant. How it would affect taxes is a better question for your accountant.

2 Answers | Asked in Contracts and Landlord - Tenant for Missouri on
Q: Is there any type of language that can be in a contractual document that secures the the lender ability to secure debt?

Is there any type of language that can be in a contractual document that secures the the lender ability to secure debt?

In learning about the legal world it is all about the language or how something is written, of wills, and any sort of contractual document. My question is: Is there any... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Aug 25, 2019

You can include any language you want in the contract. But in order to garnish wages or attach an account you have to have a judgment. That requires an action filed in court.

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1 Answer | Asked in Real Estate Law for Missouri on
Q: Can you use property that was purchase by a township for a comp to your property in a arms reach distance to your.

Can we use a square foot price on are land to compare with the property that was just purchase by the city. City had purchase many property in same area but most had a building on them. They only need the land for flood control as all building will be tore down at a additional cost. Please help

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Aug 12, 2019

When a municipality purchases property under eminent domain, it is required to pay fair market value. However, it is unclear from your question whether that is the case here. In any case, you will need additional comparable property sales to get an accurate picture of the value of your property.

1 Answer | Asked in Real Estate Law for Missouri on
Q: Can I get evicted from my own house?

My house deed is in me and my husband's names. However, he moved out 3 months ago and took his name off of all the bills. Now he is threatening to evict me. Is that legal?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Aug 12, 2019

If your name is on title, you cannot be evicted by someone else on title. However, your husband could file a court case called "Partition" which would force sale of the house. Either way, your best way to protect your interest in the home is to consult an attorney.

1 Answer | Asked in Real Estate Law for Missouri on
Q: I am looking at a lot in an established subdivision that is not currently zoned. Can I place an RV trailer on the lot?

The homes in this subdivision are site built. The lot is heavily wooded.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Aug 6, 2019

You should check with a title company to see if there are covenants and restrictions on file for the subdivision. If not, a mobile is likely fine. If there are, read them and see if they restrict mobiles.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: My landlord turned off my water without notice, what can I do

I have no rental agreement, and my water is in my landlord name. She had it turned off today. Refuses to get it back on, or sign a contract so I can get it in my name.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Aug 6, 2019

Every lease includes an implied warranty of habitability. Even though you don’t have a written lease, if your landlord is accepting money from you every month, you have a lease and your landlord must supply water. It sounds like your landlord is in breach. I recommend you consult a lawyer to... Read more »

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Missouri on
Q: What do I do if I want a piece of land to put a camper on for the best price I plan on putting a garden on it and living

On it as a forever residence could there be a way to pay an owners unpaid property tax and gain a title to the land that way

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jul 31, 2019

You can purchase property at a tax sale. But you will need to consult an attorney familiar with the process of getting the deed to the land in your name.

2 Answers | Asked in Real Estate Law for Missouri on
Q: How do I determine if a rental property meets health and safety codes?

I just signed a lease for an apartment and was set to move in this weekend, but found that it was a) left in a filthy state by the previous tenant (dirt and grime caked to the floor, dog hair, etc) and had enough cockroaches that the cleaning service I hired wouldn't clean due to sanitation... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jul 29, 2019

Your issue deals more with the habitability of your apartment than health and safety codes. The landlord owes you a habitable living space. That requires just basic living conditions including heating. An infestation is considered a violation of the implied warranty of habitability in every lease.... Read more »

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1 Answer | Asked in Real Estate Law for Missouri on
Q: Is paying the collector the sum of the back taxes after property is sold back taxes the only requirement to redeem it?

Property was sold for back taxes but will redeeming (paying back taxes) it include all the current leins and incumberences be still attached?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jul 26, 2019

Once the property has been sold you have to pay more than the back taxes to redeem it. You also have to pay the buyers all of their money they paid, including fees and costs, if they are willing to sell.

1 Answer | Asked in Real Estate Law for Missouri on
Q: Rights of Buyers with a Seller that is now wanting to back out of sale due to title issues.

We entered a sales contract with a VA loan to downsize with a seller to purchase a villa (no HOA fees, dissolved fifteen years ago that owner has been aware of) that was marketed/priced/appraised with a pool/yard privately fenced. The pool was included in Seller disclosure as part of the sale.... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jul 24, 2019

Your rights in this situation are dictated by the sale contract between you and the seller. Generally, if a seller breaches the agreement you can sue for specific performance of the contract. You could sue for damages, but you have to show monetary loss and lost time is not generally compensable.... Read more »

1 Answer | Asked in Real Estate Law for Missouri on
Q: My name is on house I built in '84'. Added daughter & son in law in 2005. I moved out in 2006, what rights do I have?

In 2017, I filed a quick claim deed (real state tax came in my name only) but they have never refinanced to take my name off. I cannot get a loan for car, cause house payment is higher than my income. What rights do I have?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jul 23, 2019

If you added your daughter and son and law and kept your name on title, you have rights as an owner of the home. If you Quitclaimed to them and took your name off the deed you are no longer an owner. But you can force them to refinance because your mortgage agreement provides that you cannot... Read more »

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Is it aginst the law for a non profit church to rent the parsonage out for 8 years

I have been renting the parsonage from the church in my town for 8 years a few months ago i got a letter saying that my boys and i have until june 1st to be out found out that the whole time i had been paying the church for rent that they were a non profit church. Is that even legal?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jun 3, 2019

It is not illegal for a nonprofit organization to rent property.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Who is responsible if a tenant leaves utilities past due before moving out in MO if all utilities are in tenants name?
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on May 22, 2019

Between the landlord and tenant, the tenant is responsible. But the utility companies will usually go after whomever they can get to pay and they will not turn utilities on until they are paid, so the burden often falls on the landlord. The landlord is then stuck trying to go after the tenant for... Read more »

2 Answers | Asked in Real Estate Law and Tax Law for Missouri on
Q: If I lived in a house for 13 years and it was three years behind on taxes and the owner decided he didn't want it and it

If it Sold for back taxes do I as a tennant since I've been there for 13 years have more rights than anybody on the purchase

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on May 21, 2019

You still have tenant rights and the new owner will have to take the proper legal steps to remove you, but your rights are not superior to the new owner's.

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