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Missouri Real Estate Law Questions & Answers
0 Answers | Asked in Landlord - Tenant and Real Estate Law for Missouri on
Q: How to file an unlawful detainer in Missouri?

As a landlord in Missouri, I gave my tenant a 30-day eviction notice due to non-payment of rent for five months. The tenant has not paid and told me to take her to court. How can I obtain and file an unlawful detainer form to proceed with eviction? Also, what should I expect during this process?

2 Answers | Asked in Bankruptcy, Real Estate Law and Contracts for Missouri on
Q: Using paycheck funds to buy a vehicle before Chapter 7 bankruptcy in Missouri.

I am considering using my paycheck funds to purchase a vehicle outright for less than $5,000 before filing for Chapter 7 bankruptcy. We are filing pro se and hope to do so within the next 3 months. We own a home valued at $75,000 with a $72,500 loan and a current vehicle for which payments are... View More

Timothy Denison
Timothy Denison
answered on Apr 5, 2025

Consult a bankruptcy attorney before buying a car so he can assess your complete financial situation.

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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.

1 Answer | Asked in Foreclosure, Real Estate Law and Probate for Missouri on
Q: How long do I have to remove my belongings from a foreclosed property in MO?

I lived with a man for seven years, who initially included me in his will to inherit his property. However, he later changed the will to leave the property to his son. After the man passed away, the son failed to make payments, and the property went into foreclosure. It was sold on March 19. I was... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 29, 2025

If you wish to avoid a damaging judgment it would be wise to vacate before a lawsuit is filed. Otherwise, you’ll likely be sued for unlawful detainer, have a judgment for double rent imposed, and 10 days after entry of judgment the plaintiff will apply for a writ of execution for the sheriff to... View More

1 Answer | Asked in Real Estate Law and Civil Litigation for Missouri on
Q: Seeking guidance on being sued for negligence in house disclosures in Missouri.

I am being sued for negligence in disclosures regarding a house I sold in February 2024 in Jackson County. I was served with the lawsuit in December, and although I believed I responded with a "not guilty" plea, I am currently in default. The issues mentioned are mold and termite... View More

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

Hire an attorney before the case goes very badly for you and a large judgment is entered against you, if that has not already occurred. Writing "not guilty" is not a proper answer to a petition under Missouri's rules of civil procedure. If a default judgment was entered, quickly... View More

0 Answers | Asked in Real Estate Law, Estate Planning and Tax Law for Missouri on
Q: Options for property ownership transfer in Missouri with anonymity focus.

I'm planning to receive ownership of a home from my father in Missouri. The house is fully paid off and currently owned by him. He plans to use a quitclaim deed for the transfer, but I'm considering other methods, like a trust or LLC, to maintain privacy and protect against title theft... 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 Car Accidents, Real Estate Law, Consumer Law and Personal Injury for Missouri on
Q: What are my legal options after uninsured motorist damaged my house in Missouri?

I recently had an uninsured motorist run into my house, causing damage to the porch, patio, and yard. I've filed a claim with my homeowners insurance, which will cover the porch and patio repairs. A police report was filed, and I have the motorist's information, but no legal action has... View More

Anthony M. Avery
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answered on Mar 5, 2025

Find out if citations were issued against the driver, then go to Court as a victim looking for restitution. A guilty plea will be negligence per se for any civil suit. Read your home policy, as it may prohibit you from suing for money that is an insured risk where the ins co is subrogated to.... View More

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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 Civil Litigation, Collections and Real Estate Law for Missouri on
Q: How to remove satisfied judgments from my record in MO?

I have several satisfied judgments on my record, including some that belonged to my late husband (passed away in January 2004) and my late daughter (passed away in March 2020). These judgments include breaches of contract, repossessions, etc. I haven't received court documentation confirming... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 14, 2025

If you are not a party to a case, you don't have standing to file anything. If you are a party to a case and the judgment has been satisfied, Missouri Supreme Court Rule 74.11, is relevant. There is also a statute. Mo. Rev Stat § 511.570. If the judgment was satisfied by execution,... View More

1 Answer | Asked in Real Estate Law for Missouri on
Q: If I agree to sign a Quiet Title with the Stipulation of leaving the house, do i still owe my half of Mortgage?

My ex and I separated last November (2024). She wants me to leave the house but i told her not without my half of the Equity.

She's suggested I "Sign the Quiet Deed with the stipulation of receiving half the equity and leave, half the equity can be placed on the quiet deed, which... View More

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Jan 27, 2025

The short answer is yes. Your agreement with your ex is just between the two of you and is not binding on the mortgage holder on the property. You will remain bound on the mortgage until your ex refinances the mortgage or sells the property. I suggest you put your entire agreement in writing, and... View More

1 Answer | Asked in Real Estate Law for Missouri on
Q: Affaviate of heirship, my brother is decease for 11 years and now my mother passes away and my great grandfather. left

so my brother has a wife and two kids. what to do if wife wants no part of her inheirance

Anthony M. Avery
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answered on Jan 21, 2025

Mother can quit claim deed her interest to her children or others if she wants.

1 Answer | Asked in Real Estate Law, Business Law and Land Use & Zoning for Missouri on
Q: Hi, my name is Olivia. I recently inherited raw land in Hayti, Missouri. I am seeking answers on a few questions.

I have some details if needed.

Land is about .5 of an acre. A house was on land over 35 years ago.

My questions are the following: Are there any restrictions when trying to build on land? I am interested in building a trailer park to rent land for trailers and/or trailer rental. Is... View More

Anthony M. Avery
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answered on Nov 21, 2024

Hire a MO attorney to search the title and advise on zoning and code permits.

2 Answers | Asked in Bankruptcy and Real Estate Law for Missouri on
Q: I took my name off of my parents payed off house and put in my two daughters name and one has to file bankruptcy

My daughter has her original last name on the deed but now she married and has a new last name what can we do to protect the house sine the new husband has to claim also.

Anthony M. Avery
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answered on Nov 4, 2024

That daughter's BR could force a sale of one/half of the property. BR Trustee owns all non-exempt property on filing of Petition. Hire an attorney now to advise.

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1 Answer | Asked in Real Estate Law for Missouri on
Q: What can I do about a lien release that never got filed 30 years ago,I paid it off ,but he never filed it.
Anthony M. Avery
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answered on Oct 31, 2024

Hire a MO attorney to file a Quiet Title action to declare the lien either released or unenforceable. Record a certified copy of the Order to clear title of record.

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