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Missouri Landlord - Tenant Questions & Answers
2 Answers | Asked in Landlord - Tenant for Missouri on
Q: Can a landlord evict me if I've lived in the property for 14 years without a rental agreement.

Landlord also left property decapitated and knew mold was present

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 25, 2023

If you pay rent and are not subject to a written lease then you are on a month-to-month tenancy terminable upon 30-days' notice by your landlord. Therefore, the short answer is "yes."

Whether the property has mold is not relevant to the landlord's right to terminate a...
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1 Answer | Asked in Landlord - Tenant for Missouri on
Q: If served summons for past rent and u have the $ to pay off balance. Should I mail it out and get receipt from post

Post office that it was sent or should I wait til court and give the $ then ? I don't want to be evicted

T. Augustus Claus
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answered on Aug 21, 2023

In Missouri, if you've received a summons for past rent and have the means to settle the balance, it's advisable to take swift action to avoid potential eviction. Initiate communication with your landlord to discuss your intention to make the payment and resolve the matter. If possible,... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for Missouri on
Q: Can a landlord who is a police officer conduct his own investigation on a tenant and evict them?

My landlord was a drug investigator and he did his own investigation allegedly conducting three trash pulls to obtain a bogus warrant to search my home and evict me. He then refused to return the rent I had paid ahead of time or my deposit. I left in December and was paid until February and I had a... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jun 23, 2023

If you were sued and served with the summons and petition or it was posted, then you would have had an opportunity to show up at court and argue that you didn’t breach the lease. From your post, it’s not clear what happened. If you lost the case and the judgment is final then I don’t know... View More

1 Answer | Asked in Landlord - Tenant, Criminal Law, Employment Law and Arbitration / Mediation Law for Missouri on
Q: I feel like my landlord is engaged in Harassment and Stalking

Last summer, I was homeless. I started working for a guy that started renting a house to me. I worked 7 days a week nearly 14 hours a day. I took a day off and let him know beforehand. He would call asking where I was and I would remind him I was taking a day off. He would then start calling me... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 14, 2023

You didn’t ask a legal question. A reasonable next step would be to hire a local attorney to write a letter to your landlord.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Missouri on
Q: Can my apartment complex charge me for a full month rent if my lease ends 10 days prior to the month ending?

I am moving out of an apartment complex on May 22, which is the date that my lease ends. My complex has notified me that I must pay for the entire month of May. Are they allowed to do this?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 25, 2023

If you have a written lease that states it terminates on May 22 then it doesn’t make sense that the landlord would believe it is entitled to a full month’s rent. I haven’t seen your lease. It controls.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: Can a buyer in a home owner financing contract that is not satisfied, rent the home to other people?

We have an extensive agreement we’ve put together. As we are closer to signing and finalizing he mentioned renting the home to another party and not doing repairs until he pays the balloon note. I’m uncomfortable with this notion. Is it legal? Can they be landlord and not live in the dwelling?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 13, 2023

Your questions are fact-specific and depend upon the written terms of the contractyou executed. If this is important enough to you, hire an attorney to review the contract. In general, I landlord certainly does not need to live in the rental premises.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: How to have un-wanted house-guests who have over-stayed their welcome out asap in MO?

Hello. Around 5 months ago a friend of mine contacted me (he was homeless) and asked me if him and his GF could come stay with me for a few weeks at my house I own. I said sure. They have now been here 5 months, refuse to get a job, have never paid any money in rent and do not have any kind of a... View More

Anthony M. Avery
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answered on Jan 4, 2023

It is civil jurisdiction only. Hire a MO attorney for this problem eviction action for possession. It may require physical removal by LEO's later. Do not get in a fight or they will have leverage on you. Do not do this yourself.

1 Answer | Asked in Probate, Estate Planning and Landlord - Tenant for Missouri on
Q: If there is two hers for The descendants property can 1 heirs evict the other 1.

However the judge did order that the first heir have custody of administration over the estate in probate.

Anthony M. Avery
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answered on Jan 3, 2023

An heir will be a tenant in common with the other heir owners. Each tenant in common has an undivided interest, and a right to possession. Eviction is not an option, but partition suit is. The land probably does not go through the Estate.

1 Answer | Asked in Family Law, Real Estate Law and Landlord - Tenant for Missouri on
Q: Need My daughter, her boyfriend, and 3 children to move out of our house. They have been here 3 months no lease
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 31, 2022

Serve them each with a notice to vacate and if they don’t leave have an attorney file an unlawful detainer case.

1 Answer | Asked in Contracts and Landlord - Tenant for Missouri on
Q: Trying to get out of contract at my apartment, landlord refuses to fix multiple issues we have.

AC didn’t work over the summer, told them 5 times and they never did anything. Our dishwasher is broken, have told them 6 times and nothing has been done. Our neighbor is breaking the rules every day (loud and boisterous noise is absolutely prohibited), we hear them screaming and yelling every... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 11, 2022

It doesn’t really matter if an attorney thinks you have grounds to “break” your lease. Ideally, you and your landlord can reach a written agreement to terminate the lease. Suing for a declaratory judgment is an option but your case won’t end in January. Consider hiring an attorney to... View More

1 Answer | Asked in Personal Injury, Gov & Administrative Law and Landlord - Tenant for Missouri on
Q: We are all showing signs of mold toxicity and they haven’t done anything I have a disabled child along with 2 other kids

I’ve had seizures and my wife is losing her hair

Tim Akpinar
Tim Akpinar
answered on Dec 9, 2022

A Missouri attorney could advise best, but your question remains open for two weeks. I'm sorry for your family's ordeal. You could look into trying to set up a free initial consult with an injury firm that handles mold cases. Keep in mind that these can be difficult cases, depending on... View More

2 Answers | Asked in Landlord - Tenant and Personal Injury for Missouri on
Q: My girlfriend was assaulted by another tenant at our apartment building. What legal action can we take?

The lady that assaulted her was arrested. I more want to know what legal action we can take against our landlord if he doesn't evict her.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 17, 2022

Your girlfriend can make a police report. She can also contact property management. And if your girlfriend has the financial means to hire and attorney and if she suffered significant injury (I hope not) and if the assualter has money, your girlfriend could hire an attorney to file a lawsuit.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: Missouri: One year home lease ending 7/15/22.

If tenant moves out early and buys out remaining lease from 6/1/22 (move out date) through 7/15/22 (lease term expiration date), and landlord rents the house to another tenant beginning 6/15/22, shouldn't the original tenant be entitled to a refund of rents paid from 6/15/22 through 7/15/22?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 17, 2022

Probably not, but the lease terms control. In general, absent a buy-out clause, a tenant who vacates early is responsible for all rent remaining on the lease. If the landlord subsequently rents the premises, the tenant should likely get credit. That's different from a buy-out clause.

1 Answer | Asked in Landlord - Tenant and Personal Injury for Missouri on
Q: Can I sue my landlord for mold exposure after signing renters liability waiver?

Me and my family have been exposed to white black and green mold within our walls. We all have been experiencing different health problems that are consistent with mold exposure. We found out that old mold had been sitting and spreading through our walls before we signed a lease. We found out about... View More

Tim Akpinar
Tim Akpinar
answered on Aug 12, 2022

A Missouri attorney could advise best, but your question remains open for two weeks. I'm sorry for your family's ordeal. Your best option for a meaningful answer to your question would be to try to arrange a free initial consult with a law firm. That's because attorneys would likely... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Missouri on
Q: Is 80 plus degrees considered livable for an apartment?

700 sq ft Apartment in Jefferson County, we have the AC running 24/7 and it is still over 80 degrees inside, and we pay almost $300 for electric. Seems absurd, maintenance has looked at ac twice and says its fine, it does pump out cold air but mainly sits in the cavity in the ceiling. Wondering if... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 2, 2022

That's awfully hot and very hight for the electric bill. The lease probably makes you responsible for the bill.

If you just move out you'll probably get sued and it will show up on Casenet regardless of the outcome. A better option, if you can afford it, is to hire an attorney to...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: MO landlord deducted from the deposit WITHOUT offering date and time of inspection. Am I entitled twice the deposit?

Unit was left in good condition, and was rented out immediately after we vacated. There are no damages and nothing beyond normal wear and tear. Photos verify this. My understanding is that based on the lack of ability to be present at inspection, we are entitled twice the amount. Is this accurate?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jun 6, 2022

You are entitled to sue for a breach of the security deposit statute. If you win, the court has discretion to award you up to twice the amount wrongfully withheld.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: I have been served with an eviction notice

Being evicted due to nonpayment of rent because landlord refuses to make the repairs after I had called him, text him and sent him pictures.

Some of the things that I had mentioned to him was the fact that the wall heater only heats one room or the fact that there is no insulation in the... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 2, 2022

You described your situation but didn’t ask a legal question. If you were served, be sure to show up at court or hire an attorney if you can afford one. Missouri has a statute covering tenant repairs if a landlord won’t make the repairs but the statute is a weak one.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: My landlord has tried to say I am dealing drugs and is evicting me
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 2, 2022

You didn’t ask a legal question. If you are sued and served and don’t show up at court or hire an attorney then a default judgment will be entered.

Your landlord bears the burden of proof.

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Missouri on
Q: Is Regulations on Assistance Animals (ESAs) Legal?

Hi, I live in a single family home, in Missouri, which is public housing. I was prescribed by a psychologist an assistance animal to help with my severe generalized anxiety and depression. I went to speak with my landlord and they gave me a thick sheet of “rules” i have to follow such as;... View More

Juliet Piccone
Juliet Piccone
answered on May 15, 2022

This is not legal per the Fair Housing Act as a blanket set of rules. Reasonable restrictions can be requested by the landlord if your particular emotional support animal(s) would somehow interfere with the living situation of other residents/ the character of neighborhood (for example your... View More

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: In Missouri, can my landlord discuss my personal business with a non-tenant family member without my consent?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 22, 2022

In general, there is no special privacy rights in a landlord-tenant relationship under Missouri law.

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