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Missouri Landlord - Tenant Questions & Answers
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.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: With the landlord lien can a landlord keep a tenants stuff if the tenant never agreeed to a landlord lien
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Dec 19, 2020

After a tenant moves out, the landlord does not have a duty to store the tenant’s property. Landlord has to make the property available to the tenant for a “reasonable “ amount of time (maybe a few days), then the property is treated as abandoned by the tenant and can be disposed of.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: If I started renting and then they sold it how does the lease work
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Nov 20, 2020

When a rental property is sold and there is a written lease for a term already in place on that property, the new owner takes the property subject to the lease. So your lease would still be in place, provided it is in writing.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Went to court last Wed., 9/30 And was evicted. Mo. has no protections. Fed. Level, what can be done to reverse/ext

Was not served legal docs by any agency. 10/14 have to be out. Person on sumons FTA

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 12, 2020

If the summons was posted then that is good service for entry of a judgment against you for possession, but not for money damages. If service was truly invalid then you can hire an attorney and file motion for relief from void judgment and a stay of execution.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: My husband and I have lived with a friend for the last 14-15 months. There's a small apartment area attached to th

We've lived with this friend for 14-15 months. The little apartment attached to the garage only has a toilet and sink. We cook with askillet or hot plate. We also go to our friend's house to take a shower because there is none in this apartment area. Back in July, me, my husband and our... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Oct 2, 2020

You should have a lawyer review the document reflecting the agreement with Merl to see if it would qualify as a will. If so, you can probate it in court to enforce his wishes.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: My understanding is that the CDC moratorium as of 9/4/2020 would make an eviction impossible until December 31st 2020.

I'm month to month paying 1/2 rent on 5thand other half about 2 weeks later. Lived here 13 years.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 11, 2020

The would depend upon whether you satisfy the requirements and submit the required affidavit under penalty of perjury. Also, if you are month-to-month and the landlord chooses to terminate, then you could still be sued for unlawful detainer, as opposed to rent and possession.... Read more »

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Is my landlord allowed to come by unannounced, unlock and open my door without my permission even if Im home???
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 3, 2020

No, but I’m not sure what you are looking to hear beyond such an answer.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Landlord changed rent due date and time from what is stated in my lease A note of the change was put on my door Aug 28th

My lease says rent due at midnight the first of every month. Late fee is 10.00 per day max 120.00. I live in a senior citizen complex. Most get paid social security on the 3rd of the month. It's has been a verbal agreement that those who get social security the due date is on the 3rd of the... Read more »

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

You did not ask a specific question but I’ll address your post. If you are subject to a written lease then the lease terms control, not the landlord’s unilateral attempts to change the terms. But if the lease states payment is due the first then it’s due the first each month.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: I'm an employee that's subcontracted out as a maintenance guy and I live there but they are trying to evict me in 1 day?

I've lived and worked for this hotel for over a year and they are trying to evict me and have me out in 1 day can they do that?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Aug 25, 2020

There is no way to answer this question without more information. If you are a month-to-month tenant, you are entitled to one month's notice. If you are not paying rent, there is a shorter notice required.

1 Answer | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for Missouri on
Q: My lease on apartment was up last month, today received a letter stating I needed to be out of apartment by September 1s

September 1st for the reason of paying rent late and my rent Payment was always coming from somewhere different each month. I am a single mom of 2 and just went through a divorce, tore my meniscus on my knee requiring surgery and 3 months later had to have a hysterectomy due to a prolapsed uterus.... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Aug 18, 2020

At the end of a lease for a term the lease converts to month-to-month. In that type of lease, the landlord can give notice to vacate if the rent is not paid. The tenant must be given the option to pay the past due rent and all other sums owed under the lease. If the tenant does this within the time... Read more »

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: I have been at the hospital with my mother for the past three days, landlord locked us out and stole our things

I have been moving for a week now, told my landlord it would take a few weeks, my mother became deathly I'll and I have had to be with her at the hospital for the past three days so I haven't been to the house, I get home he has all my lights on( they are in my name) changed the locks... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Aug 14, 2020

If your landlord has followed Missouri statutory eviction rules s/he has more rights than if s/he has not. A tenant’s hardships generally are not a factor. If your landlord has not worked through the court system to evict you his or her actions are not lawful. You should talk with an attorney to... Read more »

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.

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