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Missouri Landlord - Tenant Questions & Answers
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 »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: I was serves Missouri notice to Quit today for lack of payment. I miss one payment. March 30, 2020 is my last day.

Make this month mortgage payment. The notice said I miss two payment. I have prove that I make payment.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Feb 7, 2020

You didn't ask a question. It sounds like you ought to hire an attorney to communicate with the other side if you cannot do so effectively on your own.

1 Answer | Asked in Estate Planning, Real Estate Law, Landlord - Tenant and Probate for Missouri on
Q: My partner passed away. His brother is executor and has told me to leave the home. I have lived here for 7 years

Bil left me 2/3 of the estate, and I know the home I have shared with him for 7 years will have to be sold. His brother is in charge and has given me a week to get out of the home. I have established residency here and this is the only home I have. There is a Will, and I was Bill's sole caregiver... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Feb 7, 2020

First of all, I am sorry for your loss. Your partner’s will is going to control how his estate is distributed, despite all the care you game him. If you are on title to the house, you have more rights than if it was solely in Bill’s name. If you are not on title you have to be given at least 30... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Missouri on
Q: I am sick from living in horrible conditions in my rented house. Can I get out of my lease? Sue for damages?

I am living in a rented slab home that had sewer work done in the house starting Jan 2nd. I have been living in a trashed home since: cement and sewer mud dust is on everything. Now I am ill. They don't take the cleanup seriously. Cheap help may be coming. I am thinking I might want to sue to... Read more »

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

I am sorry to hear about your terrible living situation.

Yes, you can file a lawsuit. Whether you win will depend upon the claims you plead, the facts, the law, and (most likely) whether the parties hire counsel. I suggest that you meet with and attorney to review the lease and all of the...
Read more »

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: i have two evictions but i also have 18,000 dollars will a landlord allow to rent if i can pay my rent in advance
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jan 24, 2020

Many landlords will accept payment in full up front in your situation. It will depend on the landlord. Be up front with them and you’ll have a better chance.

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Missouri on
Q: Is there a site I could talk to a lawyer to see if i have a strong case against my landlord?? I

My landlord violated our lease agreement on several things.

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

You should do some internet research to locate an attorney near you who does free consultations. You should be able to find out your options with a short meeting.

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1 Answer | Asked in Landlord - Tenant for Missouri on
Q: We want to terminate the lease early, our lease states it can be done. Landlord says we have to finish the term

"Re-Rental Charge: if tenant moves before the end of the term, for any reason, a re-rental fee, the sum of one and a one-half (1.5) months rent, shall be due immediatly at time of the final move out inspection to cover expenses of landlord and manager in obtainig a new tenant."

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

The terms of the lease control what you can do, not what the landlord says. If that clause is in your lease you can terminate the lease early if you pay the penalty.

1 Answer | Asked in Employment Law and Landlord - Tenant for Missouri on
Q: What is a legal eviction? And how many days do you have to leave the property?

I was working for this company for 2 and a half years. At first I was just a kennel tech 8.50/hr when i first started. Few months later they made me kennel manager and on salary for 650.00 till just recently I got fired. Being kennel manager they let me get the house that's on the property. At... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 26, 2019

A "legal" eviction requires a court case and judgment against you before the landlord can have the sheriff execute on the judgment and return possession to the landlord. It sounds like you were given a notice to vacate from the landlord and that the landlord will likely file suit if you don't... Read more »

2 Answers | Asked in Real Estate Law, Collections, Landlord - Tenant and Small Claims for Missouri on
Q: Who is the Respondent on a Garnishment Form?

I am filing a garnishment form (CV92) in Missouri. I am confused on if the Debtor or the Employer is the Respondent. I have Googled this and it's about a 50/50 split. So who do I list as the Respondent? The Debtor or the Employer?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Dec 8, 2019

The petitioner and respondent are the parties to the underlying lawsuit. Respondent in the caption is not the employer.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: is there a missouri statute that allows the landlord, me) to set up a time to enter the property to plan repairs?
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Nov 5, 2019

Here is no statute that addresses this issue. It is normally covered in the lease. This is one reason it is a good idea to have an attorney draw up a lease.

1 Answer | Asked in Consumer Law, Real Estate Law, Collections and Landlord - Tenant for Missouri on
Q: getting sued for something I don’t have the title to anymore

I inherited a trailer that I didn’t want. I found someone that wanted it so I gave them the title and keys. A month later the person that owned the lot it was in called me and said he didn’t want that person to live on his property. Another months went buy and the guy I gave the trailer to was... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Nov 4, 2019

If you don’t have a written lease with the land owner you probably have a good defense. You should consult with an attorney to be sure.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: My landlord will not fix my apartment. We went a1 1/2 weeks without the use of the bathroom now the floor is fixed

now the water doesn't work in the sink and no pressure in the shower. Mutiple other problem but that's a big concern should I pay him rent?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Oct 31, 2019

All Missouri leases have an implied warranty of habitability. This means the landlord has to provide certain, very limited and basic, services in a rental. These include a working bathroom and heat source, for example. If you believe your landlord has breached the warranty of habitability, there is... Read more »

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Is it against the law for a landlord to accept rent money from a non-tenant (who was NEVER on the lease)?
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Oct 31, 2019

A landlord may accept payment from any source. Accepting payment from a third party should not affect the terms of the lease.

1 Answer | Asked in Contracts, Land Use & Zoning and Landlord - Tenant for Missouri on
Q: Someone posseses a general warranty deed but wants nothing to do with it,someone else claims her deseased husbandowned

Deceased husband along with herself signed it over to current general warranty deed person

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 22, 2019

If you want a lawyer to help you do whatever it is you are trying to do, you must restate the question--and add many more facts when you do.

1 Answer | Asked in Landlord - Tenant and Small Claims for Missouri on
Q: Me and my family made a verbal agreement with our private landlord.

She told us she paid $700 a month and will take $80 a week off rent a month. Leaving us $400 monthly rent.

I just recently, after a year, found out she only pays $526 a month and is pulling one over on me. What should I do? We want to leave and not pay last months rent or utilities.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Oct 4, 2019

If you do not have a written agreement your “landlord” has nothing to enforce if you move out. Just make sure there are no emails or texts that, if taken together, can show the terms of your rental. If there are, you should consult an attorney.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Can a landlord evict you just because you told him he's not following safety codes and he needs to do repairs

we have bats in our ceilings that come into the apartments my outdoor lighting on my deck has never worked I've got Outlet in my kitchen that has quit working in a year ago I got exposed wiring and it's roach-infested the whole building is roach-infested and he keeps spraying for roaches every two... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 1, 2019

A landlord can filed suit to evict you if the landlord can prove that you've breached your obligations under the lease or that the lease has terminated and you are still there.

1 Answer | Asked in Foreclosure and Landlord - Tenant for Missouri on
Q: In MO Landlord passed away 6 months ago. House is in foreclosure or probate.Idk which. Who is responsible for repairs?

I received a letter from an attorney telling me to pay the rent to a local bank instead of the landlords son, which I had been doing. I contacted the bank about the heater needing repair. They told me that since they don’t own the property they are limited in what they can do. Should I pay for... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Sep 30, 2019

Missouri law provides a specific procedure for making repairs and deducting the cost from the rent. At the very least, you should notify both the bank and the lawyer IN WRITING of the habitability issues that need to be addressed and your intention to repair and deduct. For detailed information on... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: My daughter has a mobile home on my land in Missouri. How do i evict her and her trailer.

My daughter and her husband have a trailer next to my house. There are constant drugs and people running in and out. The police are always showing up because of various reasons. They have stolen things from us, disturbed the peace, and even gotten physical. They have a 1 year old and 3 year old in... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Sep 10, 2019

There are statutes that regulate eviction of mobile homes that you will need to follow. You really need to consult an attorney to make sure you follow the law so you can get them and their trailer out legally and permanently.

2 Answers | Asked in Contracts and Landlord - Tenant for Missouri on
Q: Is there a specific type of lawyer to work with to draft a contract to give to someone to that owes you a large sum of $

Here is the situation: Currently the debtors are working with me, and agreeing to work out payment solutions including legal action if necessary. I want to make sure this next document\contract we sign contains the right words follows the right steps to allow me to collect should this go to a legal... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Sep 9, 2019

Any contract attorney should be able to help you with this type of agreement. If the debtors breach the agreement you will still have to go through the court process but you can put in provisions that will give them incentive not to breach.

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1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Legally, can I do anything in Missouri to get her out ASAP if rent is already 5 days late? What's the process?

My tenant moved in one month ago. I chose her from multiple applicants only because she said she was ready to move in ASAP and assured me that she had all of the money required to move in. I live out of state, so my parents manage a lot of things for me.

Upon receiving keys, the tenant... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Sep 5, 2019

A properly worded and lawfully prepared notice can give her three days to either pay in full or move out. If she fails to do either you still have to go through the eviction process. You should consult an attorney

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