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Missouri Landlord - Tenant Questions & Answers
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
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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 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;... Read 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... Read more »

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
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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 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... Read more »

Ronald J. Eisenberg
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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: In Missouri, can my landlord discuss my personal business with a non-tenant family member without my consent?
Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Apr 22, 2022

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

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Missouri on
Q: Can I sue my lawyer for malpractice for not entering all our evidence when she told me she did? Lost case bc of that.
Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Mar 13, 2022

I’m not sure what you mean about your landlord not entering evidence. So long as you are within the statute of limitations you may sue. Whether is makes sense to sue is the better question and will depend on many factors. Those factors include the merits of the potential case, whether you are... Read more »

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: My apartment has flooded 7 times with sewage water and I want out of my lease is there any reason I have to give notice?

So I talked to my property manager and they said that I’m responsible for paying next months rent since I have to give them a 30 day notice and that they also have to send it in to their corporate approval. I was also told that I’m responsible for the rent because they have “sent someone to... Read more »

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Mar 9, 2022

An attorney would need to read your lease in order to give sound advice. An attorney could try to negotiate a mutual termination of your lease so that no lawsuit against you gets filed. If you simply decide that your landlord breached the lease and you vacate, you will likely get sued.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Missouri on
Q: Commercial Tenant Needing Advice!

H

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Feb 8, 2022

I suggest you have an attorney review your lease and then come up with a strategy to deal with the unfortunate situation. I do not believe that any cautious attorney, especially not knowing all of the facts and not having reviewed the lease, is going to tell you to ignore the situation for years.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: No eviction, no notice to quit, can new landlord discard belongings without going through the process of eviction?

My brother has not been evicted, not even served notice to quit from landlord. After getting sick last year at this time he left the hospital to go to a nursing home to heal, with intent to go home. The house and property were sold while he was in the nursing home. Now there was a verbal agreement... Read more »

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Feb 3, 2022

If it were a rent and possession suit then you would need to request a trial de novo as opposed to filing a notice of appeal. There's a short time to seek a trial de novo.

The oral agreement to let you live there for a lifetime is subject to the "statute of frauds" and,...
Read more »

2 Answers | Asked in Contracts and Landlord - Tenant for Missouri on
Q: our apartment lease ended on 1/26/21. i emailed landlord on 1/23/21 and asked to renew one additional month. apartment

typo, it ended 12/26/21 and i emailed on 12/23/21. landlord is accusing me of not giving a notice and trying to charge me for the month of FEB although we will be moved out by then. they have been horrible not answering maitnence requests and even leaving us with no A/C in 80-90 degree heat for two... Read more »

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Jan 19, 2022

An attorney would need to review your lease. It’s unclear whether remained there on January 27 and you paid rent for the next month. If you stayed and paid and the landlord accepted the rent then you might be on a month-to-month tenancy. Any lawsuit that you file probably won’t get an... Read more »

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1 Answer | Asked in Landlord - Tenant and Mergers & Acquisitions for Missouri on
Q: I am a tenant. I moved in august and signed a 1 year lease. My landlord has given me 6@ days to move out.

Because they are selling the house

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

If you are uncertain of your rights, schedule a consultation with a local landlord-tenant attorney. Generally, the landlord cannot simply force a tenant to move because the landlord is selling the property. There's a specific statute by which a tenant can be forced out if there has been a... Read more »

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Missouri on
Q: This squatter is in Texas County MO. No lease , no money exchanged. Where do I find the unlawful detainer form to file?

I originally was going to rent to this person, but too many lies made me change my mind. I did let him get the electric in his name while many repairs were made that he had agreed to pay for. He never paid for any. I paid him to put the roof on and owed him $300 more, which I told him I would pay... Read more »

Robert Grant Pennell
Robert Grant Pennell
answered on Nov 18, 2021

From your description, it appears that this individual was on a month-to-month lease. As such, either of you can terminate the lease at any time upon providing at least thirty (30) days' written notice before the start of the next month. If you provided written notice to this person on... Read more »

1 Answer | Asked in Business Law and Landlord - Tenant for Missouri on
Q: I am a small business owner who rents a building in Missouri my landlord is owed money for last months rent he said

If I don't pay him now he's locking up my businessis this even legal

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Nov 5, 2021

It is unlawful for your landlord to engage in “self help” by changing the locks.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: I'm a landlord of a rent to own agreement my tenants are constantly late with their rent payment.

Can I renew the rental agreement just to renting only without the option to own and what documents do I need. State of MO.

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Oct 30, 2021

Your original contract governs during its term unless both sides agree to amend it. If your tenant won’t agree to an amendment and is breaching the lease then you are free to sue for rent and possession or breach of lease.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Missouri on
Q: Ended rental lease. Found new tenant. Did walkthrough, owner found zero damages. Am I entitled to security deposit back?
Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Oct 19, 2021

Here's the text from Missouri's security deposit statute:

535.300. Security deposits, limitation — holding of security deposits, requirements — return of deposit or notice of damages, when — withholding deposit, when — tenant's right to damages — security deposit...
Read more »

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Can my landlord use vulgar speech when talking to me

My landlord walk in my apartment who is that hoe in the bedroom I find that offisive and harassment

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Oct 1, 2021

It is generally not unlawful for a landlord to use vulgar speech. Once it comes time to renew your lease, you might want to consider not renewing in order to find a better landlord.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Does cashing a security deposit refund mean I agree with the amount?
Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Oct 1, 2021

Generally not, but there are exceptions. Read your lease. Also pay attention to whether the back of the check contains an endoresement indicating that you are accepting the security deposit as payment in full.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: What happens if a lessee pays rent on time but the payment is stolen out of the office or possession of the landlord.
Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Aug 23, 2021

The lessee would need to prove that rent was paid on time.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Am I responsible for rent if my sister won’t move out of apartment we shared? The lease was in my name.

My sister is listed on the lease as an occupant. The lease expired and I have moved out. My sister did not sign a new lease. She does not pay rent, but has not moved out. Will I be responsible for rent until she decides to get out? If she has to be evicted, will I have to pay for costs associated... Read more »

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Aug 23, 2021

An attorney would need to review the lease, but most likely and, unfortunately, "yes," "yes," and "yes." It is not your landlord's fault that you allowed a relative to be an occupant and she is still there without you.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: I am a disabled tenant in Missouri and the owner is selling the property. How many days notice should I receive?

Since I am disabled, should my notice to vacate be longer than 30 days?

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Aug 8, 2021

If you are on a month to month tenancy then you are entitled to 30 days’ notice unless the lease provides otherwise.

Your disability is not legally relevant, however.

I hope you find a new place that works for you.

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