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Missouri Landlord - Tenant Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: is there a missouri statute that allows the landlord, me) to set up a time to enter the property to plan repairs?
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Nov 5, 2019

Here is no statute that addresses this issue. It is normally covered in the lease. This is one reason it is a good idea to have an attorney draw up a lease.

1 Answer | Asked in Consumer Law, Real Estate Law, Collections and Landlord - Tenant for Missouri on
Q: getting sued for something I don’t have the title to anymore

I inherited a trailer that I didn’t want. I found someone that wanted it so I gave them the title and keys. A month later the person that owned the lot it was in called me and said he didn’t want that person to live on his property. Another months went buy and the guy I gave the trailer to was... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Nov 4, 2019

If you don’t have a written lease with the land owner you probably have a good defense. You should consult with an attorney to be sure.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: My landlord will not fix my apartment. We went a1 1/2 weeks without the use of the bathroom now the floor is fixed

now the water doesn't work in the sink and no pressure in the shower. Mutiple other problem but that's a big concern should I pay him rent?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Oct 31, 2019

All Missouri leases have an implied warranty of habitability. This means the landlord has to provide certain, very limited and basic, services in a rental. These include a working bathroom and heat source, for example. If you believe your landlord has breached the warranty of habitability, there is... Read more »

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Is it against the law for a landlord to accept rent money from a non-tenant (who was NEVER on the lease)?
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Oct 31, 2019

A landlord may accept payment from any source. Accepting payment from a third party should not affect the terms of the lease.

1 Answer | Asked in Contracts, Land Use & Zoning and Landlord - Tenant for Missouri on
Q: Someone posseses a general warranty deed but wants nothing to do with it,someone else claims her deseased husbandowned

Deceased husband along with herself signed it over to current general warranty deed person

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 22, 2019

If you want a lawyer to help you do whatever it is you are trying to do, you must restate the question--and add many more facts when you do.

1 Answer | Asked in Landlord - Tenant and Small Claims for Missouri on
Q: Me and my family made a verbal agreement with our private landlord.

She told us she paid $700 a month and will take $80 a week off rent a month. Leaving us $400 monthly rent.

I just recently, after a year, found out she only pays $526 a month and is pulling one over on me. What should I do? We want to leave and not pay last months rent or utilities.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Oct 4, 2019

If you do not have a written agreement your “landlord” has nothing to enforce if you move out. Just make sure there are no emails or texts that, if taken together, can show the terms of your rental. If there are, you should consult an attorney.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Can a landlord evict you just because you told him he's not following safety codes and he needs to do repairs

we have bats in our ceilings that come into the apartments my outdoor lighting on my deck has never worked I've got Outlet in my kitchen that has quit working in a year ago I got exposed wiring and it's roach-infested the whole building is roach-infested and he keeps spraying for roaches every two... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 1, 2019

A landlord can filed suit to evict you if the landlord can prove that you've breached your obligations under the lease or that the lease has terminated and you are still there.

1 Answer | Asked in Foreclosure and Landlord - Tenant for Missouri on
Q: In MO Landlord passed away 6 months ago. House is in foreclosure or probate.Idk which. Who is responsible for repairs?

I received a letter from an attorney telling me to pay the rent to a local bank instead of the landlords son, which I had been doing. I contacted the bank about the heater needing repair. They told me that since they don’t own the property they are limited in what they can do. Should I pay for... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Sep 30, 2019

Missouri law provides a specific procedure for making repairs and deducting the cost from the rent. At the very least, you should notify both the bank and the lawyer IN WRITING of the habitability issues that need to be addressed and your intention to repair and deduct. For detailed information on... Read more »

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 »

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