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Missouri Landlord - Tenant Questions & Answers
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 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 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 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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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

James L. Arrasmith
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answered on Nov 19, 2023

Yes, you may have a legal basis to sue the property owner in your situation. Even though the city may not be required to notify tenants about a condemnation, the property owner has a responsibility to inform you about the condition of the property, especially if you renewed your lease. Failure to... View More

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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 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 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 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

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

T. Augustus Claus
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answered on Aug 25, 2023

In Missouri, if you have been residing in a property for an extended period without a written rental agreement, your tenancy is likely considered a month-to-month tenancy, even if there is no formal agreement in place. Month-to-month tenancies can generally be terminated by either the landlord or... View More

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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 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

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