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Missouri Landlord - Tenant Questions & Answers
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
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...
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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
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
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
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
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: My Missouri Landlord has not returned my security deposit or provided me an itemized list of charges. What do I do?

What is my next course of action?

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

You may sue.

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 defined. — 1. A landlord may not demand or receive...
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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
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.

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Missouri on
Q: I signed my lease in February and the owner sold it to a development company in March. He has now forced me out.

He has refused to repair the hot water heater in 2 months. Housing has now terminated the lease. What should I do?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 3, 2021

You probably need to move out. Whether it makes sense to sue your landlord will depend upon multiple factors, such as the lease's terms, your financial situation, and your landlord's ability to satisfy any court judgment that you might obtain.

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....
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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.

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