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Missouri Landlord - Tenant Questions & Answers
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 Family Law, Child Support, Landlord - Tenant and Small Claims for Missouri on
Q: I need to stop a child support order from starting

My children were stolen from me, turned against me, abused, coerced, kept from me, and my youngest was even put out at 9yrs old after being mistreated and now from PA my sister has filed for child support when my children can just come back. How do I stop her.

James L. Arrasmith
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answered on Apr 16, 2024

I'm so sorry you are going through this incredibly difficult situation with your children. Dealing with custody issues, alienation from your kids, and now a child support case on top of that must be overwhelming and painful.

A few thoughts on your legal options to try to stop the...
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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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1 Answer | Asked in Landlord - Tenant for Missouri on
Q: My landlord keeps telling my employer I’m late on rent without ever having contacted me, what can I do
T. Augustus Claus
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answered on Oct 26, 2023

In Missouri, if your landlord is disclosing your rental payment history to your employer without prior contact or notice to you, it raises concerns about privacy and potential violations of landlord-tenant laws. Review your lease agreement for relevant clauses and communicate with your landlord to... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Missouri on
Q: 2 people split the deposit & rent in MO. One person misleads & signs the lease without the other person's knowledge..

I paid more than half of everything. But my partner lied to me and signed it without my knowledge. Is this a crime?

James L. Arrasmith
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answered on Oct 23, 2023

If two parties agree to jointly sign a lease and one party signs it without the other's knowledge or consent, this could be seen as a breach of their verbal or written agreement. Whether it's considered a crime largely depends on the specifics of the situation and the agreements made... View More

1 Answer | Asked in Elder Law and Landlord - Tenant for Missouri on
Q: Can a disabled senior citizen be evicted because the home failed inspection on section 8?

I am in a home that has failed inspection every year for the same thing. Now they want me out so they can fix it and re-rent it. There is NO foundation under the house. I have lived here since 5/28/20. I have tried to find a place to live but can not due to the $$ for fees. I live on a very SMALL... View More

James L. Arrasmith
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answered on Oct 23, 2023

In Missouri, landlords are obligated to provide safe and habitable housing. If a property repeatedly fails Section 8 inspections, it's an indication that the housing may not be safe or suitable for habitation. A tenant's eviction due to the landlord's failure to maintain the property... View More

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Can a landlord fine/evict me for a pet they said was ok, but now are saying is not ok?

I have 3 lizards in my townhome. All are in aquarium tanks and do not go out of them. I informed the landlord of the first one prior to moving in and she said over the phone "As long as it is not a cat or dog and is in a tank, you do not need to fill out a pet form." She even came by and... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Sep 28, 2023

Your lease controls the relationship. Does it address pets? Does it allow for the landlord to impose a fee for a pet violation?

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