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Missouri Landlord - Tenant Questions & Answers
0 Answers | Asked in Family Law and Landlord - Tenant for Missouri on
Q: My boyfriend has lived with me for 7-8 years. I want him to move out...what are my options?

He is not on my mortgage but has been paying half the home bills.

0 Answers | Asked in Landlord - Tenant for Missouri on
Q: Do i have anything to fight here to beat my eviction

so a couple months ago we went through a family emergency and we fell a month and half behind on rent

. We were not evicted we paid it in full with all late fees. Now they are saying if the rent is 1 day late even they will immediately file for eviction. is that possible and would it hold... View More

2 Answers | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Missouri on
Q: I co-own a house in Missouri. Are there any procedures for kicking out a 3rd party not on the deed or a lease/contract

The party is not on any paperwork to be able to live in the home. They have been told to leave many times and have refused. Now they are threatening to use their mailing address to demand an official eviction. Is this necessary?

James L. Arrasmith
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answered on Jun 21, 2024

Here's a general overview of the situation:

1. Establishing tenancy:

In many jurisdictions, including Missouri, a person can establish tenancy even without a written lease or being on the deed. This can happen through verbal agreements or by the property owners allowing the...
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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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1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Can my landlord evict me for a “messy” house? I have a 12 month lease.

Myself, my fiancé, and daughter live in a 2 bed 1bath. My landlord came in and was screaming how my house is “filthy” and like a “landfill”. My house is cluttered with baby toys and bouncers and the floor has a tummy time mat. However there is not any health hazards like mold or mildew.... View More

James L. Arrasmith
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answered on Mar 31, 2024

Generally, a landlord cannot evict a tenant for having a "messy" or cluttered house, as long as the clutter does not violate the lease agreement, local health codes, or other laws. Clutter from baby items like toys, bouncers, and tummy time mats would not typically be grounds for... View More

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Me and my fiancee rents a home with no lease or contract and lived here for a year. Can she kick me out or can I stay

Everything in the house is basically mine the internet is in my name but the utilities is in her name

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 15, 2024

If you two are not subject to a written lease, then you are on a month-to-month tenancy and your landlord. If you are both considered tenants, then one tenant cannot kick the other out because the right to be there is a right conferred by the landlord.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: IVE BEEN SERVED LESS THAN 24 HRS NOTICE TO VACATE THE LANDLORD SENT PEOPLE THAT TOOK MY MERCHANDISE

Nov '22 owner connects me with rent to owner from her and i sign a lease for commercial property, aug and sept he asks me to send rent direct to owner . nov i am told by ower that he is out and i need pay her. i ask for paperwork showing he is out and a lease agreement she sends lease but... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 2, 2024

You didn't ask a specific question, but it sounds like you need to hire an attorney. In order for your landlord to force you out tomorrow legally, there would need to have been a lawsuit filed, a judgment entered, and action by the sheriff. My guess is that what you received is merely a... View More

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: My landlord threw all my in the dumpster after going into my apartment without my permission or notifying me first. and

then changed the locks to the door.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 2, 2024

That sounds like unlawful "self help." Call an attorney to assess your options, including suing your landlord.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: What does Defendant waives any statutory stay of execution upon this judgment in an eviction case?

Plaintiffs agree to stay execution as long as defendant pay $2393 by December 15 2023 and commencing January 1 2024 on or before the 1st day of each week/month pay plaintiff the sum of $795.28 until full amount of judgment is satisfied. Including all accruing rental as herein above.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 2, 2024

A stay of execution is a hold on enforcement of the judgment.

1 Answer | Asked in Landlord - Tenant and Civil Litigation for Missouri on
Q: Who would I sue for stolen property property damages and harassment and emotional damage neighbors or landlord
T. Augustus Claus
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answered on Dec 4, 2023

The decision of whether to sue your neighbors or your landlord depends on the specific facts of your case. It is advisable to consult with an attorney to determine who is the most likely responsible party and to assess the strength of your potential case.

Considerations When Deciding Whom...
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1 Answer | Asked in Landlord - Tenant and Civil Litigation for Missouri on
Q: Can A Landlord be sued for Loss of property? Can a landlord in Missouri be sued for emotional distress ?

Me again, I am wanting to know if a landlord can be sued for loss of property , and or emotional distress. Back story is signed a lease on a condemned property and was not able to get any property , all of it was thrown a way. Obviously this was a sudden thing, and a very traumatizing event that i... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 1, 2023

A landlord may be sued for breach of lease or for a tort claim.

I am confident that if you are willing and able to pay an attorney by the hour, and assuming your situation has merit, you will be able to find an attorney.

You can discuss with that attorney emotional distress...
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1 Answer | Asked in Civil Litigation and Landlord - Tenant for Missouri on
Q: How is loss of property(not real estate) calculated in court? Other than receipts what else would be considered
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Nov 21, 2023

The fair market value of property would need to be determined. In large cases, parties use expert witnesses. In small, cases, parties submit evidence of what they paid or what similar property sells for use.

2 Answers | Asked in Landlord - Tenant for Missouri on
Q: If a home was condemned after signing the lease can i sue the owner?

I renewed a lease after the home was condemned, but was never notified the home was condemned by the city nor the property owner. The city said I was just "stuck in the middle" and its all the property owner fault because technically with a condemnation they don't have to give... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Nov 17, 2023

I am sorry to hear about your situation. You can likely sue your landlord for breach of the implied warranty of habitability. You will need to decide whether it is worth paying an attorney by the hour to go after your landlord. if your landlord allowed the property to be condemned, he might not... View More

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1 Answer | Asked in Civil Litigation, Landlord - Tenant and Small Claims for Missouri on
Q: If given a choice is it better or more beneficial to sue a individual or their LLC.?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Nov 17, 2023

Depends upon on which one you'd be more likely to collect a judgment. If you have a valid legal basis to sue both, that might be your best option. If you are suing for breach of contract, you should sue the party to the contract.

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Missouri on
Q: I signed a lease on a condemned property, I had no clue that it was condemned. suing in civil court Is it worth it

Home was condemned in February , I renewed a lease in September. I had no clue or wasn't given any type of notice of the condemnation. Code enforcement officials said that unfortunately i was stuck in the middle ect. My question is am i able to sue him for the time that it was condemned... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 3, 2023

You could sue to recover your actual damages. You could seek the return of all rent paid. On the other hand, you lived there and for some time received some benefit for your money. You could also sue for damages resulting from having to vacate early and perhaps paying more rent in a new place.... View More

1 Answer | Asked in Civil Rights, Landlord - Tenant, Municipal Law and Family Law for Missouri on
Q: Does law enforcement, or cps or any other government agency allowed to search a condemned home without permission ?

The property is not abandoned, but condemned with property owner knowledge, can be repaired and is being repaired. Police showed up to assist cps with a investigation of wanting to go inside of a home. The owner/tenant said no, the law enforcement and cps respected that and did not go in, then... View More

James L. Arrasmith
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answered on Nov 12, 2023

In general, law enforcement and government agencies like CPS require a warrant, consent, or exigent circumstances to legally enter and search a private residence. However, if a property is condemned, code enforcement officials may have the authority to enter the property for safety inspections.... View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation and Constitutional Law for Missouri on
Q: code enforcement condemns a home, knowing there are tenants living there with no notice to vacate or prior notice.

If they code enforcement condemns a home for ext violations, knowing there are tenants staying there can they be held liable for anything in the court of law. No notice to vacate, no notice on the premises at anytime saying the place is condemned. Is that not apart of due process? Letters sent to... View More

James L. Arrasmith
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answered on Nov 5, 2023

In Missouri, tenants have the right to receive notice before being displaced from a condemned property. If code enforcement condemned a home without providing notice to tenants, there could potentially be a violation of due process rights.

Tenants who are suddenly displaced without proper...
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