Landlord also left property decapitated and knew mold was present
answered on Aug 25, 2023
If you pay rent and are not subject to a written lease then you are on a month-to-month tenancy terminable upon 30-days' notice by your landlord. Therefore, the short answer is "yes."
Whether the property has mold is not relevant to the landlord's right to terminate a... View More 
Landlord also left property decapitated and knew mold was present
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 25, 2023
In Missouri, if you have been residing in a property for an extended period without a written rental agreement, your tenancy is likely considered a month-to-month tenancy, even if there is no formal agreement in place. Month-to-month tenancies can generally be terminated by either the landlord or... View More
Post office that it was sent or should I wait til court and give the $ then ? I don't want to be evicted
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 21, 2023
In Missouri, if you've received a summons for past rent and have the means to settle the balance, it's advisable to take swift action to avoid potential eviction. Initiate communication with your landlord to discuss your intention to make the payment and resolve the matter. If possible,... View More
My landlord was a drug investigator and he did his own investigation allegedly conducting three trash pulls to obtain a bogus warrant to search my home and evict me. He then refused to return the rent I had paid ahead of time or my deposit. I left in December and was paid until February and I had a... View More
answered on Jun 23, 2023
If you were sued and served with the summons and petition or it was posted, then you would have had an opportunity to show up at court and argue that you didn’t breach the lease. From your post, it’s not clear what happened. If you lost the case and the judgment is final then I don’t know... View More
Hello. Around 5 months ago a friend of mine contacted me (he was homeless) and asked me if him and his GF could come stay with me for a few weeks at my house I own. I said sure. They have now been here 5 months, refuse to get a job, have never paid any money in rent and do not have any kind of a... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 4, 2023
It is civil jurisdiction only. Hire a MO attorney for this problem eviction action for possession. It may require physical removal by LEO's later. Do not get in a fight or they will have leverage on you. Do not do this yourself.
However the judge did order that the first heir have custody of administration over the estate in probate.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2023
An heir will be a tenant in common with the other heir owners. Each tenant in common has an undivided interest, and a right to possession. Eviction is not an option, but partition suit is. The land probably does not go through the Estate.
answered on Dec 31, 2022
Serve them each with a notice to vacate and if they don’t leave have an attorney file an unlawful detainer case.
AC didn’t work over the summer, told them 5 times and they never did anything. Our dishwasher is broken, have told them 6 times and nothing has been done. Our neighbor is breaking the rules every day (loud and boisterous noise is absolutely prohibited), we hear them screaming and yelling every... View More
answered on Dec 11, 2022
It doesn’t really matter if an attorney thinks you have grounds to “break” your lease. Ideally, you and your landlord can reach a written agreement to terminate the lease. Suing for a declaratory judgment is an option but your case won’t end in January. Consider hiring an attorney to... View More
I’ve had seizures and my wife is losing her hair
answered on Dec 9, 2022
A Missouri attorney could advise best, but your question remains open for two weeks. I'm sorry for your family's ordeal. You could look into trying to set up a free initial consult with an injury firm that handles mold cases. Keep in mind that these can be difficult cases, depending on... View More
The lady that assaulted her was arrested. I more want to know what legal action we can take against our landlord if he doesn't evict her.
answered on Sep 4, 2022
If the tenant that assaulted your girlfriend had a history of violence, then you may possibly have a case against the apartment complex for failure to do a proper background check. You should retain counsel on contingency fee in California for representation and to investigate the tenants... View More
The lady that assaulted her was arrested. I more want to know what legal action we can take against our landlord if he doesn't evict her.
answered on Aug 17, 2022
Your girlfriend can make a police report. She can also contact property management. And if your girlfriend has the financial means to hire and attorney and if she suffered significant injury (I hope not) and if the assualter has money, your girlfriend could hire an attorney to file a lawsuit.
If tenant moves out early and buys out remaining lease from 6/1/22 (move out date) through 7/15/22 (lease term expiration date), and landlord rents the house to another tenant beginning 6/15/22, shouldn't the original tenant be entitled to a refund of rents paid from 6/15/22 through 7/15/22?
answered on Aug 17, 2022
Probably not, but the lease terms control. In general, absent a buy-out clause, a tenant who vacates early is responsible for all rent remaining on the lease. If the landlord subsequently rents the premises, the tenant should likely get credit. That's different from a buy-out clause.
Me and my family have been exposed to white black and green mold within our walls. We all have been experiencing different health problems that are consistent with mold exposure. We found out that old mold had been sitting and spreading through our walls before we signed a lease. We found out about... View More
answered on Aug 12, 2022
A Missouri attorney could advise best, but your question remains open for two weeks. I'm sorry for your family's ordeal. Your best option for a meaningful answer to your question would be to try to arrange a free initial consult with a law firm. That's because attorneys would likely... View More
700 sq ft Apartment in Jefferson County, we have the AC running 24/7 and it is still over 80 degrees inside, and we pay almost $300 for electric. Seems absurd, maintenance has looked at ac twice and says its fine, it does pump out cold air but mainly sits in the cavity in the ceiling. Wondering if... View More
answered on Aug 2, 2022
That's awfully hot and very hight for the electric bill. The lease probably makes you responsible for the bill.
If you just move out you'll probably get sued and it will show up on Casenet regardless of the outcome. A better option, if you can afford it, is to hire an attorney to... View More
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;... View More
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... View More
I have 3 lizards in my townhome. All are in aquarium tanks and do not go out of them. I informed the landlord of the first one prior to moving in and she said over the phone "As long as it is not a cat or dog and is in a tank, you do not need to fill out a pet form." She even came by and... View More
answered on Sep 28, 2023
Your lease controls the relationship. Does it address pets? Does it allow for the landlord to impose a fee for a pet violation?
Last summer, I was homeless. I started working for a guy that started renting a house to me. I worked 7 days a week nearly 14 hours a day. I took a day off and let him know beforehand. He would call asking where I was and I would remind him I was taking a day off. He would then start calling me... View More
answered on May 14, 2023
You didn’t ask a legal question. A reasonable next step would be to hire a local attorney to write a letter to your landlord.
I am moving out of an apartment complex on May 22, which is the date that my lease ends. My complex has notified me that I must pay for the entire month of May. Are they allowed to do this?
answered on Apr 25, 2023
If you have a written lease that states it terminates on May 22 then it doesn’t make sense that the landlord would believe it is entitled to a full month’s rent. I haven’t seen your lease. It controls.
We have an extensive agreement we’ve put together. As we are closer to signing and finalizing he mentioned renting the home to another party and not doing repairs until he pays the balloon note. I’m uncomfortable with this notion. Is it legal? Can they be landlord and not live in the dwelling?
answered on Feb 13, 2023
Your questions are fact-specific and depend upon the written terms of the contractyou executed. If this is important enough to you, hire an attorney to review the contract. In general, I landlord certainly does not need to live in the rental premises.
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?
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.
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.
