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Missouri Landlord - Tenant Questions & Answers
1 Answer | Asked in Family Law, Real Estate Law and Landlord - Tenant for Missouri on
Q: Need My daughter, her boyfriend, and 3 children to move out of our house. They have been here 3 months no lease
Ronald J. Eisenberg
Ronald J. Eisenberg
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.

1 Answer | Asked in Contracts and Landlord - Tenant for Missouri on
Q: Trying to get out of contract at my apartment, landlord refuses to fix multiple issues we have.

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

Ronald J. Eisenberg
Ronald J. Eisenberg
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

1 Answer | Asked in Personal Injury, Gov & Administrative Law and Landlord - Tenant for Missouri on
Q: We are all showing signs of mold toxicity and they haven’t done anything I have a disabled child along with 2 other kids

I’ve had seizures and my wife is losing her hair

Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Family Law, Child Support, Landlord - Tenant and Small Claims for Missouri on
Q: I need to stop a child support order from starting

My children were stolen from me, turned against me, abused, coerced, kept from me, and my youngest was even put out at 9yrs old after being mistreated and now from PA my sister has filed for child support when my children can just come back. How do I stop her.

James L. Arrasmith
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answered on Apr 16, 2024

I'm so sorry you are going through this incredibly difficult situation with your children. Dealing with custody issues, alienation from your kids, and now a child support case on top of that must be overwhelming and painful.

A few thoughts on your legal options to try to stop the...
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1 Answer | Asked in Landlord - Tenant for Missouri on
Q: My tenants living in my house say some kid threw a rock and the window is broken. Who should pay for damaged window?
James L. Arrasmith
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answered on Apr 16, 2024

In a typical landlord-tenant situation, the responsibility for paying for a broken window depends on several factors:

1. Lease agreement: Check your lease agreement to see if it specifies who is responsible for repairs due to damage caused by third parties.

2. Renters insurance: If...
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1 Answer | Asked in Landlord - Tenant for Missouri on
Q: What does Defendant waives any statutory stay of execution upon this judgment in an eviction case?

Plaintiffs agree to stay execution as long as defendant pay $2393 by December 15 2023 and commencing January 1 2024 on or before the 1st day of each week/month pay plaintiff the sum of $795.28 until full amount of judgment is satisfied. Including all accruing rental as herein above.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 2, 2024

A stay of execution is a hold on enforcement of the judgment.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: My landlord threw all my in the dumpster after going into my apartment without my permission or notifying me first. and

then changed the locks to the door.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 2, 2024

That sounds like unlawful "self help." Call an attorney to assess your options, including suing your landlord.

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Missouri on
Q: How is loss of property(not real estate) calculated in court? Other than receipts what else would be considered
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Nov 21, 2023

The fair market value of property would need to be determined. In large cases, parties use expert witnesses. In small, cases, parties submit evidence of what they paid or what similar property sells for use.

1 Answer | Asked in Civil Litigation, Landlord - Tenant and Small Claims for Missouri on
Q: If given a choice is it better or more beneficial to sue a individual or their LLC.?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Nov 17, 2023

Depends upon on which one you'd be more likely to collect a judgment. If you have a valid legal basis to sue both, that might be your best option. If you are suing for breach of contract, you should sue the party to the contract.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Can a landlord fine/evict me for a pet they said was ok, but now are saying is not ok?

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

Ronald J. Eisenberg
Ronald J. Eisenberg
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?

1 Answer | Asked in Landlord - Tenant, Criminal Law, Employment Law and Arbitration / Mediation Law for Missouri on
Q: I feel like my landlord is engaged in Harassment and Stalking

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

Ronald J. Eisenberg
Ronald J. Eisenberg
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.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Missouri on
Q: Can my apartment complex charge me for a full month rent if my lease ends 10 days prior to the month ending?

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?

Ronald J. Eisenberg
Ronald J. Eisenberg
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.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: Can a buyer in a home owner financing contract that is not satisfied, rent the home to other people?

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?

Ronald J. Eisenberg
Ronald J. Eisenberg
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.

2 Answers | Asked in Landlord - Tenant and Personal Injury for Missouri on
Q: My girlfriend was assaulted by another tenant at our apartment building. What legal action can we take?

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.

Ronald J. Eisenberg
Ronald J. Eisenberg
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.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: Missouri: One year home lease ending 7/15/22.

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?

Ronald J. Eisenberg
Ronald J. Eisenberg
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.

1 Answer | Asked in Landlord - Tenant and Personal Injury for Missouri on
Q: Can I sue my landlord for mold exposure after signing renters liability waiver?

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

Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Contracts and Landlord - Tenant for Missouri on
Q: Is 80 plus degrees considered livable for an apartment?

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

Ronald J. Eisenberg
Ronald J. Eisenberg
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...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: MO landlord deducted from the deposit WITHOUT offering date and time of inspection. Am I entitled twice the deposit?

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?

Ronald J. Eisenberg
Ronald J. Eisenberg
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.

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Missouri on
Q: Is Regulations on Assistance Animals (ESAs) Legal?

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

Juliet Piccone
Juliet Piccone
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

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: My landlord has tried to say I am dealing drugs and is evicting me
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 2, 2022

You didn’t ask a legal question. If you are sued and served and don’t show up at court or hire an attorney then a default judgment will be entered.

Your landlord bears the burden of proof.

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