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Missouri Landlord - Tenant Questions & Answers
1 Answer | Asked in Personal Injury, Real Estate Law and Landlord - Tenant for Missouri on
Q: I lease a Walkabout Properties home. No stair rails installed on deck. Lost balance on stairs and fell. May I sue them?

This event happened Fri., June 4, 2021, at 5 p.m. I suffered a concussion with a large subdural hematoma. No fractures, but the fall injured my back, sacral area, neck and shoulders. A level 3, or mid to severe concussion, can take time months to heal. I have a continual headache, including... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 27, 2021

I'm sorry for your accident and the injuries you suffered. This is really something that a Missouri attorney should advise on, but your post remains open for four weeks. If you reached out to attorneys in the Springfield area, most would probably offer free initial consults on such matters.... Read more »

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Missouri on
Q: I am at the end of a contract for deed but now the seller is claiming that i defaulted and is trying to evict me. She

lied about some missed payments in court papers and i have copies of the checks, will the court side with me due to her lying in documents

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jun 22, 2021

There’s no way someone can tell you whom the court will believe. What I can tell you is that contracts for deed generally go badly for tenants. You should hire an attorney if you can afford one. If you proceed pro se you’ll likely lose, especially if your landlord is represented by counsel.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: No Itemized List of charges within 30 Days

In missouri, we moved out and had a charge through our online resident portal within 30 days. There was no itemized list. After those 30 days, we received an itemized list of charges thru an email. Do we have to pay the amount even though we did not receive the itemized list until after the 30 day... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jun 18, 2021

I would recommend you take a look at RSMo Section 505.300. It deals with the landlord's obligations regarding security deposits. If you have any questions, you should consult an attorney.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: I live in Missouri and in a low rent housing complex. Everytime we get a stimulus check she raises the rent!

I am on social security and only make 401 a month! It has only been raised $6 in the last two years! We are HUD housing and the complex manager says its them making the raises not her. The raises seem to come whenever we get a stimulus check!! With so little income can they keep raising my rent... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 12, 2021

Unless you are subject to a lease that has not expired or your lease agreement provides otherwise, your landlord can demand an increased rental amount for a new lease term.

1 Answer | Asked in Landlord - Tenant and Medical Malpractice for Missouri on
Q: I was wondering if I can only sew the property manager company and not the owner of the building do to harassment

As well as get out of my lease early if needed. I've been the only tentant apporched about smoking on my back porch outside. There was no other tentants told about smoking outside only inside the apartments. Which didn't start happening until My rent wasn't paid that month. Which was... Read more »

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

Anyone can sue anyone for anything, but it there has been a breach of your written lease, the proper defendant would be the lessor, not the property management company. Harrassment on account of smoking or a dislike of a tenant is not a cognizable cause of action in Missouri. If you were being... Read more »

1 Answer | Asked in Contracts, Civil Rights, Landlord - Tenant and Libel & Slander for Missouri on
Q: What steps do I need to take to get deposit back

I can't relocate at this moment

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Feb 28, 2021

You've not provided any facts so there's no way to determine whether you are entitled to a return of your security deposit. If you are looking to terminate your lease before the agreed-up term expires, then it is unrealistic to believe that your landlord will simple agree to a mutual... Read more »

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: i need help ive had illeagal eviction papers from my landlord impersonating the courts sent in my email stating i have

illeagal eviction papers from my landlord impersonating the courts sent in my email stating i have a court date on feb 14 at 12 pm on a sunday due to me making a work order from floor caving in ive had false accusations of having a industrial kitchen which is one reason among others the house is... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Feb 17, 2021

It’s not clear what you wish to hire an attorney to do for you. If no lawsuit has been filed against you then there’s no lawsuit to defend. You can check Casenet for the status of Missouri state court cases.

1 Answer | Asked in Civil Rights and Landlord - Tenant for Missouri on
Q: Can a motel tell you that you can't have you belongings with you or tell you that you have to let them see the room
Caroline Bundy
Caroline Bundy answered on Feb 11, 2021

I would need to know more about the details of the situation to better answer your question.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: I have a question regarding a landlord witholding the security deposit

Missouri

I left early, but paid for all of January, notified them at the beginning of January. They listed the property and said that if it was filled before the lease was up, I would get the deposit. They filled it and the new tennant is moving in Feb. 1. Thehy are now saying that they are... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Feb 2, 2021

You didn’t ask a question. If you believe your landlord violated the security deposit statute you may sue in small claims court. Before doing so, make sure your lease doesn’t obligate you to pay your landlord’s attorney’s fees if you lose.

Here is the statute....
Read more »

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: I just got served with a court paper that the deputy said I had until midnight tomorrow to be out is this legal
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 18, 2021

Obviously, I do not know all of the facts. If a judgment was entered against you and the sheriff came to give you notice to vacate before carrying out the judgment but returning possession to the landlord then it's "legal." It takes a lawsuit, service or posting of the summons,... Read more »

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: my landlord told us that we had until the 28th to get out, she's not renewing our lease, it ends in May can they do that
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jan 3, 2021

The rules about how a landlord can terminate a lease are in Missouri revised statute 441.060. Your landlord is required to follow those rules.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: My landlord refuses to renew my lease during pandemic, never late on re time never violated lease, he wants to remove me

I've lived in my apartment home for 8yrs an I want to stay in my home all landlord tells me is it's so he can remodel my apartment he won't renew lease an I can't come back to my home after he remodels it. Help I don't want to move out of my home

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 28, 2020

You have the right to remain during the lease term so long as you are honoring you obligations. You don’t have the right, however, to make your landlord renew the lease.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: With the landlord lien can a landlord keep a tenants stuff if the tenant never agreeed to a landlord lien
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Dec 19, 2020

After a tenant moves out, the landlord does not have a duty to store the tenant’s property. Landlord has to make the property available to the tenant for a “reasonable “ amount of time (maybe a few days), then the property is treated as abandoned by the tenant and can be disposed of.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: If I started renting and then they sold it how does the lease work
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Nov 20, 2020

When a rental property is sold and there is a written lease for a term already in place on that property, the new owner takes the property subject to the lease. So your lease would still be in place, provided it is in writing.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Went to court last Wed., 9/30 And was evicted. Mo. has no protections. Fed. Level, what can be done to reverse/ext

Was not served legal docs by any agency. 10/14 have to be out. Person on sumons FTA

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 12, 2020

If the summons was posted then that is good service for entry of a judgment against you for possession, but not for money damages. If service was truly invalid then you can hire an attorney and file motion for relief from void judgment and a stay of execution.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: My husband and I have lived with a friend for the last 14-15 months. There's a small apartment area attached to th

We've lived with this friend for 14-15 months. The little apartment attached to the garage only has a toilet and sink. We cook with askillet or hot plate. We also go to our friend's house to take a shower because there is none in this apartment area. Back in July, me, my husband and our... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Oct 2, 2020

You should have a lawyer review the document reflecting the agreement with Merl to see if it would qualify as a will. If so, you can probate it in court to enforce his wishes.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: My understanding is that the CDC moratorium as of 9/4/2020 would make an eviction impossible until December 31st 2020.

I'm month to month paying 1/2 rent on 5thand other half about 2 weeks later. Lived here 13 years.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 11, 2020

The would depend upon whether you satisfy the requirements and submit the required affidavit under penalty of perjury. Also, if you are month-to-month and the landlord chooses to terminate, then you could still be sued for unlawful detainer, as opposed to rent and possession.... Read more »

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Is my landlord allowed to come by unannounced, unlock and open my door without my permission even if Im home???
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 3, 2020

No, but I’m not sure what you are looking to hear beyond such an answer.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Landlord changed rent due date and time from what is stated in my lease A note of the change was put on my door Aug 28th

My lease says rent due at midnight the first of every month. Late fee is 10.00 per day max 120.00. I live in a senior citizen complex. Most get paid social security on the 3rd of the month. It's has been a verbal agreement that those who get social security the due date is on the 3rd of the... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 31, 2020

You did not ask a specific question but I’ll address your post. If you are subject to a written lease then the lease terms control, not the landlord’s unilateral attempts to change the terms. But if the lease states payment is due the first then it’s due the first each month.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: I'm an employee that's subcontracted out as a maintenance guy and I live there but they are trying to evict me in 1 day?

I've lived and worked for this hotel for over a year and they are trying to evict me and have me out in 1 day can they do that?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Aug 25, 2020

There is no way to answer this question without more information. If you are a month-to-month tenant, you are entitled to one month's notice. If you are not paying rent, there is a shorter notice required.

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