Asked in Landlord - Tenant for Missouri

Q: No eviction, no notice to quit, can new landlord discard belongings without going through the process of eviction?

My brother has not been evicted, not even served notice to quit from landlord. After getting sick last year at this time he left the hospital to go to a nursing home to heal, with intent to go home. The house and property were sold while he was in the nursing home. Now there was a verbal agreement that he, I and our mother were to live there for lifetime. Getting past that the new landlord says that she doesn't want tenants,by the way she is the ex wife of the previous owner and they were married at the time of the agreement so even though she wasn't present at the time she's bound to know about it. She had me evicted, by default because I couldn't make it to the hearing. The grounds were bogus. I have text evidence of trying to pay rent and she turned it down. The other reason is because of junk piled up which was like that before they ever bought the place to start with. I don't know if I can still appeal on the default or not,but do I have a right to recover my brothers belongings

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

A: If it were a rent and possession suit then you would need to request a trial de novo as opposed to filing a notice of appeal. There's a short time to seek a trial de novo.

The oral agreement to let you live there for a lifetime is subject to the "statute of frauds" and, likely, not a valid argument under Missouri law.

If the plaintiff had the sheriff carry out an execution then you probably don't have the right to enter any longer. Most landlords, however, will arrange for access for removal of possessions if contacted by an attorney and asked nicely.

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