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Missouri Landlord - Tenant Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: My daughter has a mobile home on my land in Missouri. How do i evict her and her trailer.

My daughter and her husband have a trailer next to my house. There are constant drugs and people running in and out. The police are always showing up because of various reasons. They have stolen things from us, disturbed the peace, and even gotten physical. They have a 1 year old and 3 year old in... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Sep 10, 2019

There are statutes that regulate eviction of mobile homes that you will need to follow. You really need to consult an attorney to make sure you follow the law so you can get them and their trailer out legally and permanently.

2 Answers | Asked in Contracts and Landlord - Tenant for Missouri on
Q: Is there a specific type of lawyer to work with to draft a contract to give to someone to that owes you a large sum of $

Here is the situation: Currently the debtors are working with me, and agreeing to work out payment solutions including legal action if necessary. I want to make sure this next document\contract we sign contains the right words follows the right steps to allow me to collect should this go to a legal... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Sep 9, 2019

Any contract attorney should be able to help you with this type of agreement. If the debtors breach the agreement you will still have to go through the court process but you can put in provisions that will give them incentive not to breach.

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1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Legally, can I do anything in Missouri to get her out ASAP if rent is already 5 days late? What's the process?

My tenant moved in one month ago. I chose her from multiple applicants only because she said she was ready to move in ASAP and assured me that she had all of the money required to move in. I live out of state, so my parents manage a lot of things for me.

Upon receiving keys, the tenant... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Sep 5, 2019

A properly worded and lawfully prepared notice can give her three days to either pay in full or move out. If she fails to do either you still have to go through the eviction process. You should consult an attorney

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: My landlord is evicting me you lied on court papers

I am disabled I'm assuming my landlord is evicting me because I wanted him to make repairs he lied on the court papers and said I hadn't unauthorized dog but she is on the lease and I've been paying $25 a month to keep her

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 29, 2019

All you need to do is defend the case and make sure the landlord doesn't carry his burden of proof at trial.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: I am trying to catch up on my rent and have paid alot to it my question is can she add my balance even higher tocatch-up

Add late fees on to balance

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Aug 27, 2019

The terms of your lease will control this situation. If your lease provides that there are late fees or administrative fees charged for late rent, the landlord may accrue those fees.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: Can a member of your llc rent out a property owned by the llc?

Can a member of your llc rent out a property owned by the llc?

Just started a membership llc and working on building inventory when a member expressed interest to rent out one of the newly acquired properties by the company. Can that member rent the property just like if it was a normal... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Aug 25, 2019

A member of the LLC can rent just like a normal tenant. How it would affect taxes is a better question for your accountant.

2 Answers | Asked in Contracts and Landlord - Tenant for Missouri on
Q: Is there any type of language that can be in a contractual document that secures the the lender ability to secure debt?

Is there any type of language that can be in a contractual document that secures the the lender ability to secure debt?

In learning about the legal world it is all about the language or how something is written, of wills, and any sort of contractual document. My question is: Is there any... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Aug 25, 2019

You can include any language you want in the contract. But in order to garnish wages or attach an account you have to have a judgment. That requires an action filed in court.

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1 Answer | Asked in Civil Litigation, Estate Planning and Landlord - Tenant for Missouri on
Q: My question is about a TOD and a verbal contract

If a person was promised TOD of a property, has paid all the Bill's of the person who owns property in exchange for TOD. Has made improvements upon the property, sunk all their money into property. Then owner of property decides to put the TOD into a groups name instead of promised party. Is there... Read more »

Nina Whitehurst
Nina Whitehurst answered on Aug 23, 2019

Yes, there is a legal remedy for breach of contract IF you have sufficient evidence to prove your case, preferably in writing. If not, this is a hard lesson about the importance of hiring an attorney to document any kind of agreement regarding real estate. That would have been WAY cheaper than... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Missouri on
Q: We are renting a townhouse and the garage door won't stay closed. Can we terminate the lease?

Our garage door will open in the middle of the night on its own. It will also open while we are gone for the week/weekend and stay open for days at a time without us knowing. We have told our landlord of the issue 3 times in 2 months and it still isn't fixed. They had their maintenance person come... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 16, 2019

I should publish an article on this type of question because it comes up so often. I don’t mean the garage door issue but rather a tenant who is upset about the condition of the premises and wants to terminate the lease.

Here’s my answer.

1. If you and your landlord can...
Read more »

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: If I need a landlord tenant lawyer but I can't afford to pay for the attorney out of pocket. What are my options

My landlord is in breach. But I don't have enough money to pay for the attorney myself. But I need help

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 14, 2019

If you are being sued and lack funds contact Legal Services of Eastern Missouri. If you want to sue your landlord and lack funds, either file suit pro se or find a friend or relative to pay your legal fees (unlikely) or borrow money to pay an attorney. I hope everything works out for you.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Hello my landlord is taking my husband and I to court and the judge continued our case and said we need to file a

Counter suit but the court clerk said they don’t have the forms for me to do so. She stated “you’ll have to do some research and find it yourself” where would I find this information? Also since we are counter suing for uninhabitable living conditions is the landlord allowed to come finally... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 14, 2019

There is no custom-fit form. You’ll either need to hire and attorney or educate yourself as best you can and be at a big disadvantage of your landlord is represented by counsel.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: My landlord turned off my water without notice, what can I do

I have no rental agreement, and my water is in my landlord name. She had it turned off today. Refuses to get it back on, or sign a contract so I can get it in my name.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Aug 6, 2019

Every lease includes an implied warranty of habitability. Even though you don’t have a written lease, if your landlord is accepting money from you every month, you have a lease and your landlord must supply water. It sounds like your landlord is in breach. I recommend you consult a lawyer to... Read more »

1 Answer | Asked in Real Estate Law, Civil Rights, Health Care Law and Landlord - Tenant for Missouri on
Q: Floors have holes and mold everywhere and bugs landlord won't fix and taken us to court over rent we have 5 kids

Big hole in kitchen where my 23month old twins fell in to floor

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 12, 2019

You didn't ask a question, but if you want to know what to do, the answer is to meet with an attorney knowledgeable with landlord tenant law. Most importantly, don't ignore the suit or a default judgment will likely be taken against you.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: We owe back rent but have been paying rent but we got an 4 day eviction notice, the landlord won't fix the air it's hot.

The city health inspector came and said we needed to move out, the foundation is sinking the basement floods and there is mold in our sons room and my wife and i have an son who is autistic, my mom is an disabled elderly woman whom stays with us we take care of and we have an infestation of brown... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jun 30, 2019

Sorry to hear of your troubles. If you received a notice of eviction—but haven’t been sued and lost and received a notice that the sheriff is coming to return possession to the landlord—then you won’t be physically forced out by July 3. If you get served a summons, show up at court.... Read more »

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Is it aginst the law for a non profit church to rent the parsonage out for 8 years

I have been renting the parsonage from the church in my town for 8 years a few months ago i got a letter saying that my boys and i have until june 1st to be out found out that the whole time i had been paying the church for rent that they were a non profit church. Is that even legal?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jun 3, 2019

It is not illegal for a nonprofit organization to rent property.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Who is responsible if a tenant leaves utilities past due before moving out in MO if all utilities are in tenants name?
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on May 22, 2019

Between the landlord and tenant, the tenant is responsible. But the utility companies will usually go after whomever they can get to pay and they will not turn utilities on until they are paid, so the burden often falls on the landlord. The landlord is then stuck trying to go after the tenant for... Read more »

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: I own the house where my roommate lived. I asked him to leave and he complied. He left property here. What do I do?

I own the residence, and we have absolutely no written agreement whatsoever regarding his tenancy. I asked him to leave because of addiction issues and unpaid bills. He vacated the property and his family picked up his personal belongings, which I gave them without issue, even though he still owed... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 13, 2019

You cannot hold his property hostage but you could give a statutory notice of abandoned property.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Where is the form to request a stay of eviction in missouri
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on May 1, 2019

There is no stay of eviction available in Missouri unless you have filed Bankruptcy.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: is a landlord required to hand deliver a "notice to vacate" in person to a tenant?

some one (I assume from the management co.) placed a printed page stating it was a notice to vacate on our storm door. we never saw that person.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on May 1, 2019

Eviction notices are not required to be delivered in person or by the landlord. A notice on your door is sufficient, as long as the notice contains the proper language and gives adequate notice pursuant to your lease.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Can a landlord in Missouri withhold a carpet cleaning fee from deposit when there is no mention of a fee in the lease?

The lease was fulfilled as agreed and the property was left spotless.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 14, 2019

If you disagree with the withholding, you may file suit in small claims court under this statute: https://law.justia.com/codes/missouri/2015/title-xxxvi/chapter-535/section-535.300/

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