Wentzville, MO asked in Contracts, Real Estate Law and Landlord - Tenant for Missouri

Q: How to write demand letter &prepare for unlawful detainer case in where my defense is the dwelling uninhabitable in MO?

1 Lawyer Answer
Ronald J. Eisenberg
Ronald J. Eisenberg
  • Landlord Tenant Lawyer
  • Chesterfield, MO
  • Licensed in Missouri

A: Counterclaims are not permitted in unlawful detainer actions. Wells Fargo Bank v. Smith, 392 S.W.3d 446 (Mo. banc 2013). https://scholar.google.com/scholar_case?case=2944970135383545146&q=missouri+unlawful+detainer+counterclaim+%22wells+fargo%22&hl=en&as_sdt=4,26

I don't think a demand letter will do any good if you are being sued for unlawful detainer. If you can afford to hire an attorney, do so, because landlord-tenant cases rarely go well for pro se tenants, especially ones who claim the premises are uninhabitable, yet continue to inhabit the premises.

Best wishes.

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