Missouri Questions & Answers

Q: For how long can I hold my rent if the landlord is not fixing my water heater I've been asking him to fix it since april

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Answered on Oct 12, 2018
Ronald J. Eisenberg's answer
Missouri has a weak statute on tenant repairs.

https://law.justia.com/codes/missouri/2014/title-xxix/chapter-441/section-441.234/

If you choose to withhold rent, the safest option is to pay it into the court. But if you haven't been sued, you'd need to initiate the lawsuit. Confer with a local landlord tenant attorney because your actions will entail risks.

Q: I am about to purchase a condo and the ceiling is bowing and about to cave in. Who is responsible for the repairs?

2 Answers | Asked in Real Estate Law for Missouri on
Answered on Oct 10, 2018
Ronald J. Eisenberg's answer
Read the condominium declaration. It should provide your answer.

Q: Grounds for suing if a roof was not completed due to the customer?

1 Answer | Asked in Contracts for Missouri on
Answered on Oct 10, 2018
Ronald J. Eisenberg's answer
If a lawsuit has been filed, then your question of whether the homeowner had grounds for suing is not important. If I were to say that the lawsuit is baseless (which I'm not saying) that would make no difference if a default judgment gets answered.

The better question concerns what your husband is going to do to defend the lawsuit. He ought to confer with an attorney.

Q: I just bought a house in O Fallon MO and had had my 1st rain and basement was flooded with mud. Can you sue prior owner

1 Answer | Asked in Real Estate Law for Missouri on
Answered on Oct 9, 2018
Jennifer Sheila Kornblum's answer
If you have evidence that the prior owner knew of the basement issues you can file suit for failure to disclose. Keep in mind that as the person bringing suit you will have the burden of proving their prior knowledge.

Q: How do I put my name on the deed to a property when the owner is deceased? This is in Missouri I’m from Kansas

1 Answer | Asked in Real Estate Law for Missouri on
Answered on Oct 9, 2018
Jennifer Sheila Kornblum's answer
Generally, your father's and stepmother's wills will dictate how the property is transferred. They may also have had a Beneficiary Deed which directed who would own the property after they died. If none of these things is in place, transfer of the property will have to go through the probate court.

Q: I need someone’s help can someone call me please?

1 Answer | Asked in Car Accidents and Civil Rights for Missouri on
Answered on Oct 8, 2018
Peter Munsing's answer
A lot depends on where you were etc. If you had time to get out it's on her--she would see door open, feet on the ground., even before you stand up. If you were in the car and swung the door open--that's different.

See if there is a business at the point where you parked that might have a security camera pointed outward.

Q: a collection agency-law firm send me collection notices then turn around and sue me on behalf of the original creditor

1 Answer | Asked in Civil Litigation, Collections and Contracts for Missouri on
Answered on Oct 8, 2018
Ronald J. Eisenberg's answer
You didn't ask a legal question. You did not unconditionally accept the offer but rather made a counteroffer, i.e., you would pay if they produced the original contract. I don't know whether they responded by validating the debt, even if the document was not what you requested.

You could look into whether there was an FDCPA violation, but in terms of pure contract law, you didn't form an agreement to settle with the debt collector. Of course you should show up at court and defend...

Q: Need help on how to collect on my small claims judgment.

1 Answer | Asked in Collections and Small Claims for Missouri on
Answered on Oct 7, 2018
Ronald J. Eisenberg's answer
Welcome to the world of collections. Getting the judgment is often the easy part. It’s tough to find employment and banking information. The good news is that your judgment is good for 10 years before it will need to be revived and it will accumulate interest. You could try to find a collection attorney to work on a contingency basis.

Q: How do I deal with a Trademark infringement accusation ?

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Missouri on
Answered on Oct 5, 2018
Andrew Zulieve Esq's answer
Go onto the U.S. Trademark Office website and access the Trademark Electronic Search System (TESS). Enter the search term "HARRY POTTER" in the basic word search option. This search will yield 52 live "Harry Potter" trademark registrations and three pending "Harry Potter" trademark applications to register these marks. I am quite certain that the HARRY POTTER marks would be considered famous and given a very wide swath of protection against unauthorized uses. Moreover, Warner Brothers has...

Q: Grandfather and his fiance adopt his granddaughter. Adults split, granddaut. Is 2. Gfather wants gdaut.

1 Answer | Asked in Child Custody for Missouri on
Answered on Oct 5, 2018
Lydia Seifner's answer
The grandfather needs to contact a family attorney attorney local to him ASAP to discuss this case.

Q: Can the (or how can the) law investigate based on an internet search alone?

1 Answer | Asked in Criminal Law for Missouri on
Answered on Oct 4, 2018
Ronald J. Eisenberg's answer
Of course. Law enforcement may initiate an investigate if it believes a crime has been committed. The obtaining of a warrant is a separate issue.

Q: If my attorney quits and I get my file can I represent myself if we have agreed on a settlement. In a divorce

2 Answers | Asked in Family Law for Missouri on
Answered on Oct 4, 2018
Ronald J. Eisenberg's answer
You have the right to represent yourself pro se, but pro se litigants generally don't fare well when up against a party represented by an attorney.

Q: I have sole and physical custody of my daughter who says she is moving with her mom in iowa without my permission

1 Answer | Asked in Child Custody, Child Support and Family Law for Missouri on
Answered on Oct 2, 2018
Lydia Seifner's answer
Yes, further custody proceedings would have to be done in Missouri, in keeping with the current Court orders. Children do not get to decide where they live; if you have sole custody of your daughter, then neither she, nor her mother, may make the decision to change her residence. You will not have to pay child support until a court changes the child support orders.

Talk to an attorney in the jurisdiction in which your orders were initially issues, unless your ex requests a...

Q: How many days a month can a grandparent see there grandchildren in the state of Missouri. When the parent denies visits

1 Answer | Asked in Family Law for Missouri on
Answered on Oct 2, 2018
Lydia Seifner's answer
That depends on which parent is denying you time with the children. Grandparents' rights were created to help children maintain connections with both sides of their family. If your own child is denying you time with your grandchildren, you cannot request visitation time under grandparents' rights; the idea being that the children have connections to the family through their parent, your child. If your own child is unable to see his or her children, either through death or incapacity, and...

Q: Can my old landlord hold my deposit because I rented one my rooms on airbnb?

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Missouri on
Answered on Sep 28, 2018
Ronald J. Eisenberg's answer
Read your lease carefully. The security deposit is generally supposed to be used to cover damages and, if the lease so states, for any sums due. I'm not sure whether under your lease you incurred sums due to your landlord on account of breaching the lease by renting out the room. If you believe you are in the right, then you could file suit in small claims court. But beware that most leases have one-sided attorney's fee provisions. That would mean that if you sue and lose you will have to...

Q: Can a trespassing second degree charge be dismissed if this is my first offense

1 Answer | Asked in Criminal Law for Missouri on
Answered on Sep 27, 2018
Andrea Rogers' answer
Yes, it's possible that if you hire an experienced criminal defense attorney to represent you, that attorney could negotiate a plea bargain deal to get your "Trespassing" charge dismissed or reduced to a less serious offense, such as "Littering."

Q: I was giving paper work by my landlord stating i need to move by a certain date thats not been thru the courts yet

1 Answer | Asked in Landlord - Tenant for Missouri on
Answered on Sep 26, 2018
Ronald J. Eisenberg's answer
A court judgment is required in order for the landlord to have the sheriff execute on the judgment. If no judgment has yet been entered, then you are entitled to show up at court and defend the case.

Q: If my previous landlord failed to notify of inspection, and failed to mail out the paperwork stated, what can I do?

1 Answer | Asked in Landlord - Tenant for Missouri on
Answered on Sep 26, 2018
Ronald J. Eisenberg's answer
I've pasted below Missouri's security deposit statute. You could sue for twice the amount wrongfully withheld but, based on your post, you should expect the landlord to file a counterclaim against you.

In addition, if the lease has a one-sided attorney's fee provision, as most do, if you litigate and lose you will be responsible for your landlord's attorneys' fees.

Security deposits, limitation--return of deposit or notice of damages, when--withholding deposit, when--tenant's...

Q: If im the Natural mother can i Take back physical custody of my Children After the COURT Awarded my mom guardianship?

1 Answer | Asked in Child Custody for Missouri on
Answered on Sep 26, 2018
Lydia Seifner's answer
You will have to file for and have the court order a termination of guardianship, first. Talk to a family attorney local to you to assist you.

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