Lawyers, Answer Questions  & Get Points Log In
Missouri Landlord - Tenant Questions & Answers
1 Answer | Asked in Contracts and Landlord - Tenant for Missouri on
Q: The validity of a Landlorf-Tenant contract and the Letter Of Intent

Regarding a contract for the use of a building. It has been signed by both parties. The date agreed to have use of the building is October 1, 2020 for $3000 monthly rent giving us 3k sqft and verbally agreeing to adding another 50 sqft to make it 3050sqft of usable space.

The initial... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 9, 2020

The validity of a contract is determined by its terms. You should have had an attorney involved in reviewing the contract. There are many contractual provisions that a landlord will right in a pro-landlord manner that an attorney could have adviseD you. I cannot tell from your post whether... Read more »

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Missouri on
Q: Landlord and I verbally agreed to me “staying”, but never renewed a lease. Am I obligated to stay for another year?

We did not sign a new lease and the contract says nothing about an automatic renewal. States that the lease can be extended by a written agreement. The only language related to this is “to pay double rent for every day that the possession of the Premises is held after termination of this Lease... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jul 31, 2020

When the term set out in a lease Expires, the lease converts to month-to-month, UNLESS the lease says otherwise. It is important to carefully read the lease to be sure.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: What paperwork do I need to set aside a default judgement within 10 days None criminal
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 29, 2020

Read my article. https://www.avvo.com/legal-guides/ugc/how-to-get-a-default-judgment-set-aside

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: A renter is going back on his promise to give me his property.

I had a renter who vacated his premises without notice and is now living in a nursing home. I managed to find him with the help of police. After I managed to contact him to find out about his situation and his belongings, he told me to keep his belongings to include (2) vehicles, because he is not... Read more »

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

I doubt their was any "consideration" given by you so as to establish a valid contract.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Missouri on
Q: Am I still responsible as the apartment co-signer?

A friend of mine needed a place to live about two years ago and he needed a cosigner. Not wanting him to end up homeless, I co-signed. The lease I signed was a one year lease. Two years later I get a letter because he was not and is still not able to pay rent for about two months worth. I... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 25, 2020

It is important to read the lease to see if addresses your issue. In general, if a written lease term expires and a tenant holds over with consent if the landlord then the lease term becomes month to month subject to all of the remaining provisions of the written lease

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: My last landlord has 2 days to forward the balance of my deposit...

I have had no word from him...and no tally of the final amount...should I forward him a copy of the statute? Also...would he be liable for attorneys fees...if this progresses? Thx

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jun 29, 2020

You may show your landlord the statute. I don’t understand your question about attorneys’ fees? If you were to hire an attorney to sue then you’d have to compensate your attorney. The security deposit statute doesn’t provide for the recovery of attorneys’ fees. If your lease does,... Read more »

1 Answer | Asked in Landlord - Tenant and Probate for Missouri on
Q: Hey f my landlord dies and his sister shows up asking for rent money while the property is still in probate

I also don’t have a lease what should I do

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jun 3, 2020

If you owe rent you should pay it. Just make sure you have proof of payment, like a receipt or canceled check. If you know which attorney is handling the probate you should contact him or her to find out who to pay.

1 Answer | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for Missouri on
Q: What actions can I take if the apartment office manager doesn't do anything about a tenant that is breaching the peace.

And also has been doing legal drug activity along with letting another occupant living in the unit (which is not on the lease and a pet) I have tried to verbally talk to this tenant to only be disrespected and threatened...I have noted the authorities and have documentation on the noise... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on May 24, 2020

It is unclear from your description whether you have provided written notice of these issues. You should document the problems with your neighbor and send them in writing to both the manager and the landlord/owner. Also, review your lease and see if there is a clause prohibiting disturbing your... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: Is it legal for my commercial landlord to give notice of a fine/increase in rent to my employee?

My landlord gave me a notice saying that I owed him $700 and that he would increase my rent for the next 2 month. as a result this requires me to sign a new lease. this notice was given to an employee in my store and they were told to pass it on to me. Is this legal? The employee was my daughter... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 22, 2020

Yes, it is “legal” for your landlord to communicate with your workers about your lease.

2 Answers | Asked in Contracts and Landlord - Tenant for Missouri on
Q: Can the owner of my rental house force us out in 30 days, mid lease?

Been renting for 2 years

Never been late

No problems

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on May 20, 2020

A landlord can evict a tenant on 30 days notice, as long as the tenancy is month to month and the notice complies with Missouri statuteS. Compliance includes providing 30 days notice that begins on or before the first day rent is due for that month (usually the 1st), is in writing, and is not for... Read more »

View More Answers

1 Answer | Asked in Collections and Landlord - Tenant for Missouri on
Q: I am being charged for the smell of smoke in my old apt, I do not smoke, nor was anyone in my apt that smoked what

(Con’t)...are my options in fighting this as I dont want it to go to collections

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

Your options include

1. Paying your landlord or not opposing deduction of the money from your security deposit

2. Paying an attorney to negotiate with the landlord but this might cost more than the charge you are fighting

3. Filing suit to seek the refund of your security...
Read more »

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Can new owner/landlord force me to have a pre move out inspection 30 days before the actual move out inspection?

House was sold under my existing lease which ends May 24, 2020. New owners are insisting on doing a pre move out Inspection next week and another move out inspection 30 days later. I have underlying health issues and I am trying to keep myself away from others as much as possible due to Covid 19.... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Apr 10, 2020

Has the sale of the house already been completed? Because if it is still pending the buyers may be having the house inspected by a professional inspector as part of the purchase transaction. If that is the case, ask to talk with the professional inspector to make arrangements to maintain safety... Read more »

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Lease only signed by tenant, not approved or signed by landlord. Is this a legal contract since not signed by both?

I signed a lease online for the time of August 2020 to move in. This particular landlord had told me my lease was not approved and signed by them and that I needed to sign another paper and give my proof of income. I called a couple weeks later due to the hardship of this COVID19 and told them we... Read more »

Wesley Winsor
Wesley Winsor answered on Apr 9, 2020

If the Landlord told you that it was not yet approved that there was something else you had to do in order to get it approved, then your "offer" to lease was not "accepted" yet. You can withdraw your offer at any time prior to "acceptance".

The burden of...
Read more »

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Do I need a lawyer if my apartment complex is still trying to charge me after I filled out an intent to vacate paper?

I moved out of my apartment, provided a 30 day notice. They are now saying months later that there were more documents that I had to fill out. Do I need a lawyer & do I have to pay them?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Mar 27, 2020

There is no simple answer to your question. The language of the lease will govern what type of notice is required, together with Missouri statutes. The duties of a management company to obtain the proper paperwork from a vacating tenant is not addressed in the law, so the circumstances and... Read more »

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: My landlord & I got into a phone argument, where he verbally said 'wanted is out'. Can he? 12 mo lease, ends 4-1-20

I'm bipolar (not officially diagnosed, but I've lived w enough to know). The other day I woke up to my daughter telling me landlord had been by. Called him, & before the end of the convo, I was getting MAD, & usually wind up cussing. Told him I was getting mad, just woke up, &... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Mar 26, 2020

In Missouri there are statutes that control the timing and notice required for eviction. Generally speaking, a verbal request to a tenant to leave is not enforceable. Also the terms of the lease, when lawful, will control. I recommend you review your lease and the circumstances with an attorney to... Read more »

View More Answers

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Libel & Slander for Missouri on
Q: Do I have to sign a new lease under property manager for apartment I've lived in 8 yrs under the same lease by landlord?

property manager lied to landlord stating I am 3 mos. behind to get me evicted when I owed Feb. rent of $525, $25 for Jan., and $10 from October. I knew I owed Feb. rent because it was 13 days late with $10 a day late fee. I paid it all in their office, Feb. 14. Was handed 30 eviction for refusing... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Mar 1, 2020

You didn’t state when the current lease term ends. Here is what matters:

1. Is the lease term ending soon? If so, that’s all that really matters. A landlord isn’t required to renew a lease or enter into a new lease with you.

2. Are you in breach of the current lease?...
Read more »

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Is there a legal time limit for a landlord to charge and notify you of damages that need to be paid by the tenant? i

I moved out 6 months ago and am only now receiving notification of payment for damages due and have only a week to pay

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Feb 26, 2020

The security deposit statute governs withholding of the security deposit for damages but it does not prevent a landlord from suing for damages. I don't know what you mean by saying that you only have a week to pay. According to whom and what will happen in a week?

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: How can I get evicted under RSmo 441.060 section 4
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Feb 26, 2020

I don't follow your question. Here's the statute you referenced, but you included no facts in your question.

4. (1) Except as provided in subdivision (2), the landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other party stating that...
Read more »

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Hi, I have been dealing with slum lords who have neglected damages done from water leaks and mold/mildew. I need help

My kitchen sink and dishwasher has been pouring into my walls and causing extensive water damage. Flooded carpets, mold growing everywhere..etc. I've asked for them to repair many things and they come "look" at the problem and just leave saying they will be back to fix it.. I've... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Feb 26, 2020

I am sorry to hear about your bad situation. This is a question-and-answer forum however and you didn't ask a legal question. Based upon what you've written, I think you'll need to decide whether to pay an attorney to represent you or to continue dealing with the landlord on your own.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: If you have previously used a firm, can someone suing you use the same firm; just a different attorney?

My husband is being sued by a landlord from about 5 years ago for a "breach of contract". This landlord is using an attorney from the same firm that my husband has previously used. Is this a conflict of interest? It is a different attorney, but the same firm.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Feb 20, 2020

A conflict of interest arises only if the attorney learned information about you in representing you previously that s/he could use now against you when representing the new client. It does not automatically arise from the attorney’s prior representation of you. There is not enough information in... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.