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

Q: My landlord & I got into a phone argument, where he verbally said 'wanted is out'. Can he? 12 mo lease, ends 4-1-20

I'm bipolar (not officially diagnosed, but I've lived w enough to know). The other day I woke up to my daughter telling me landlord had been by. Called him, & before the end of the convo, I was getting MAD, & usually wind up cussing. Told him I was getting mad, just woke up, & I was going to let him go before said cussing. Hung up.

He called back immediately, ticked off that I'd 'hung up in him' & then I started yelling, then he did. Before and of conversation, he verbally said he wanted us out. No lease or lawful violations.

2 Lawyer Answers
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
Answered
  • Landlord Tenant Lawyer
  • Springfield, MO
  • Licensed in Missouri

A: In Missouri there are statutes that control the timing and notice required for eviction. Generally speaking, a verbal request to a tenant to leave is not enforceable. Also the terms of the lease, when lawful, will control. I recommend you review your lease and the circumstances with an attorney to make sure your rights are protected.

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

A: By the time your landlord sues you and the court assigns a hearing date your lease will have likely lapsed.

Your landlord would need to prove that you breached the lease terms to prevail in a lawsuit. It's not good to get sued, even if you win, however.

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