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Missouri Landlord - Tenant Questions & Answers
Q: Can a court rule on a civil rights lawsuit without addressing forma purpuis?

I filed a civil rights lawsuit under the Fair Housing Act against the Springfield Housing Authority after experiencing a sewage flood in my basement while on Section 8. Although the city compensated for my lost items, my Section 8 was terminated allegedly for whistleblowing. None of the defendants... View More

James L. Arrasmith
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answered on Apr 7, 2025

In your case, the court will likely need to address the forma pauperis (FP) motion before moving forward with your lawsuit. Forma pauperis is a legal process that allows individuals who cannot afford court fees to proceed with their case without having to pay those fees. When the court orders you... View More

0 Answers | Asked in Collections, Landlord - Tenant, Public Benefits and Real Estate Law for Missouri on
Q: Can fees be raised without notice in a debt collection lawsuit for eviction?

I'm involved in a debt collection lawsuit concerning an eviction from my rental. The sheriff's paperwork indicated that I owed a specific amount, including $400 in lawyer fees, which I paid off. However, the office managing the case later informed me that my balance increased by an... View More

0 Answers | Asked in Landlord - Tenant and Real Estate Law for Missouri on
Q: Is text message a valid eviction notice in Missouri without a lease?

My wife is the property owner, and her tenants are her son and his family. There is no written lease agreement. My wife has been sending them text messages regarding eviction due to unpaid rent, as they have not adhered to their verbal agreement to pay rent. However, they have not responded to her... View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for Missouri on
Q: How to handle eviction after paying full balance in MO?

I am facing an eviction even though I have paid the full balance due. A writ for possession of my property was filed on March 31, 2025, but I had already paid the balance owed when judgment was made back on October 4, 2024. I communicated this payment to my landlord via text, along with a photo of... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 2, 2025

Without reviewing the docket it wouldn’t be possible for an attorney to provide you with an informed assessment. If the judgment were a default judgment then perhaps a motion to set aside default judgment and quash the writ could be filed. It seems odd that the landlord would have waited many... View More

1 Answer | Asked in Landlord - Tenant, Family Law and Real Estate Law for Missouri on
Q: Can my unemployed partner be evicted if not on the lease in MO?

I am the leaseholder, and my unemployed partner, who is not listed on the lease, has been living with me and receives his mail at this address because he has nowhere else to go. He has not contributed to rent or expenses for the past 4-5 months. We have a child together, and the landlord is aware... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 30, 2025

Yes. The landlord may give proper notice then sue for unlawful detainer.

0 Answers | Asked in Landlord - Tenant and Gov & Administrative Law for Missouri on
Q: Should I sign a new lease with date changes due to housing rules?

I signed a lease for my apartment with dates set from 12/30/2024 to 12/29/2025. However, the housing authority indicated that the lease end date must be the last day of the month, and now my landlord wants me to sign a new lease with dates from 1/1/2025 to 12/31/2025, but I'm unsure about any... View More

0 Answers | Asked in Domestic Violence, Landlord - Tenant, Civil Litigation and Contracts for Missouri on
Q: How can I retrieve vehicles and camper sold by my ex, located on someone else's property?

I have a situation where my ex and I co-own two trucks, and I possess the title to both. However, my ex has sold my camper—solely in my name—to the current property owner who refuses to let me retrieve my trucks. I was granted a full order for protection against my ex after a domestic violence... View More

2 Answers | Asked in Landlord - Tenant, Contracts and Real Estate Law for Missouri on
Q: Is my lease void if landlord's mortgage forbids leasing?

My landlord's mortgage forbids leasing, which we discovered only after signing our lease agreement. Her mortgage company recently found out about the lease, prompting her to demand a walk-through and costs for repairs and cleaning, even though we've already paid a deposit. We've been... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 8, 2025

It’s void if you or year landlord sue the other one and a court feels it void. Otherwise what you have is an unresolved legal dispute. I’m not aware of a statute on point. My hunch is that the lease would not be deemed void. You’ve been allowed possession and have therefore received... View More

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1 Answer | Asked in Landlord - Tenant, Civil Litigation, Contracts and Real Estate Law for Missouri on
Q: How to protect investment in a rent-to-own agreement facing possession complaint?

I am currently in the fourth year of a rent-to-own agreement. In the past three years, my landlord allowed me to make late payments, and I always paid in full eventually. I have invested approximately $30,000 in this property. With only eight months left in the agreement, I found paperwork for a... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 6, 2025

Hire an attorney who has experience defending rent and possession cases. There’s generally no easy way out unless you can tender the full rent due plus costs. Rent purchase agreements generally go badly for tenants who have trouble honoring the agreements strictly.

2 Answers | Asked in Contracts, Landlord - Tenant and Real Estate Law for Missouri on
Q: Is it a breach of contract if Truhold.com didn't make promised repairs?

I sold my house to Truhold.com and was charged $6,800 for repairs that existed before their purchase. I signed a six-month lease allowing me to stay, during which they promised to handle all repairs, insurance, and taxes. The lease stated I should not make repairs myself, yet nothing has been... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 19, 2025

If you want an legal opinion on whether a landlord has breached a written contract, I suggest you hire a local landlord-tenant attorney to read the lease and provide a consultation.

Assuming they breached the contract, however, you could sue for damages incurred. If the lease has ended...
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1 Answer | Asked in Landlord - Tenant for Missouri on
Q: would a $35 a day late fee be considered reasonable in Missouri on $1300 monthly rent
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 12, 2025

There is no Missouri statute limiting late fees or requiring them to be reasonable. One was to defend against such fees is to argue that they constitute an unenforceable penalty, as opposed to liquidated damages.

1 Answer | Asked in Animal / Dog Law, Civil Rights and Landlord - Tenant for Missouri on
Q: Can my apartment deny my health care provider's prescribed treatment for anxiety & depression?

I have a letter from my psych NP I see for anxiety & depression. In 2018, she had me try neonatal kitten fostering for a local animal rescue as a treatment for depression & anxiety.. This has been very effective & has allowed me to be off medication. I have a letter from my licensed... View More

James L. Arrasmith
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answered on Feb 8, 2025

Your apartment is required to follow the Fair Housing Act (FHA), which mandates that landlords provide reasonable accommodations for individuals with disabilities. Since your healthcare provider has prescribed fostering kittens as a necessary treatment for your anxiety and depression, this may... View More

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: I want to know if my eviction was legal or not

The only written notice i got wasvwhen theyvame to my door and told me we had to leave right then

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 12, 2025

An eviction is legal if a summons was posted or personally served, a judgment was entered, and the sheriff executes a writ to return possession to the landlord.

1 Answer | Asked in Landlord - Tenant, Civil Litigation and Small Claims for Missouri on
Q: Can my landlord still evict me if the petition was filed after the amount their seeking was paid?

I was 2 months behind on rent (November and December 2024), I received a call voicemail from the management company that they were going to start the eviction process. I paid the total past due balance of 3179.00 on December 26, 2024 which included all late fees and rent. I called and spoke with... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 3, 2025

You can file whatever you want. Unless the lawyer agrees to dismiss the case and you have that in writing, show up or hire an attorney. The landlord may still be seeking court costs, late fees, and attorney’s fee. Bad things happen to defendants who allow default judgments.

2 Answers | Asked in Appeals / Appellate Law, Landlord - Tenant and Bankruptcy for Missouri on
Q: Does a federal stay order on eviction that is being taken under advisement stop the state court from cont eviction?

I filed bankruptcy and the state court kept going with my case even though I had a stay order, the eviction lawyer filed a motion to lift the stay we had a court date I argued for it to remain in effect and the federal judge has taken it under advisement and the ruling has not been made yet. In... View More

Timothy Denison
Timothy Denison
answered on Dec 11, 2024

Yes, until or unless the federal judge grants relief from the stay.

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1 Answer | Asked in Landlord - Tenant and Small Claims for Missouri on
Q: My landlord never provided me with the physical/mailing address of the land I was actively renting? Can I sure him?
Stephen Murray
Stephen Murray
answered on Oct 18, 2024

It sounds like a frustrating situation. In Missouri, landlords are generally required to provide tenants with certain information, including the name and address of the property owner or the person authorized to manage the property. This is so tenants know where to send rent payments or legal... View More

1 Answer | Asked in Employment Law and Landlord - Tenant for Missouri on
Q: Can I stop this garnishment or am I stuck paying this even though I do not owe it.

2018 I was evicted from my rental property cause I let my brother move In with me and he got the cops called on him one evening landlord found out about it. I never was late on rent and this and landlord was not right he wanted to negotiate rent with me often you know what I mean but I handle him... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 29, 2024

What matters is not whether you believe you owed the money related to the alleged debt for which you were sued. What matters is if you were properly served with the summons, the amount of the judgment, the calculation of post-judgment interest. If service of the summons was improper you may file... View More

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Can a landlord evict you for having a caregiver ? Have Dr letter .caregiver doesn't live there but is there alot

Have letter from Dr stating resident requires 24 HR CARE. Caregiver doesn't live there. But is there everyday. Landlord makes comments everyday and has gave three violations for unauthorized occupants

James L. Arrasmith
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answered on May 28, 2024

You cannot be evicted for having a caregiver if you have a doctor's letter stating that you require 24-hour care. The caregiver being present frequently, but not living there, should not be considered a violation of your lease. Your landlord's comments and violations for unauthorized... View More

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: My tenants living in my house say some kid threw a rock and the window is broken. Who should pay for damaged window?
James L. Arrasmith
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answered on Apr 16, 2024

In a typical landlord-tenant situation, the responsibility for paying for a broken window depends on several factors:

1. Lease agreement: Check your lease agreement to see if it specifies who is responsible for repairs due to damage caused by third parties.

2. Renters insurance: If...
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1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Is it normal to be asked for the next month's rent in advance to stop an eviction?

Hi, I'm late on my rent and my landlord sent me an email today saying that my case was being sent to an attorney to start eviction. She sent me a 3 day notice on last Friday. I thought that the 3 days started the day after the notice was sent and did not include weekends. Her email stated that... View More

James L. Arrasmith
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answered on Mar 31, 2024

It is not typical for a landlord to demand the next month's rent in advance to stop an eviction process, but it may be within their rights depending on your lease agreement and local laws.

Here are a few things to consider:

1. Check your lease agreement to see if there are any...
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