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Missouri Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Missouri on
Q: I am behind on rent. Our landlord turned over property to a property management .I just got a text from them offering me

300. 00 to move and avoid eviction. They gave told my landlord i have not been paying. Ive been paying evety week. What do i do

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 14, 2019

If you are behind on rent and unable to get current, then taking the money to move is an option you should consider.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: I currently live in a rental property that is being foreclosed on by the bank?

I did not pay feb. rent b/c of this foreclosure. My landlord put a 3 day letter on my door non-notarized. She is now threatening to throw my stuff in the yard. Can she legally do that?

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

No, your landlord may not engage in "self-help."

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: I served a notice of termination of tenancy If i accept rent will that void the notice?

My notice was 30 days served 2/22/19 I added in the notice acceptance of rent shall not constitute a waiver or withdrawal of notice and march rent is due on the first. Tenant is one month behind.

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

It depends. If you are wishing to file a rent-and-possession suit and rent is not due, then you'll lose. Have an attorney review your lease and provide specific advice if it makes financial sense for you to do so.

1 Answer | Asked in Landlord - Tenant and Probate for Missouri on
Q: I was evicted from my mother's house by my sister who is my mother's poa and she will not let me get my property

My sister is my mother's power of attorney we had a two-family house I live downstairs she lived upstairs we both helped take care of my mother she ran my mom's credit card up to $27,000 and wouldn't pay it so they sued my mother I told the family about it and she evicted me and my... View More

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

You could hire a lawyer to contact your sister, threaten to sue if necessary, and seek to get you access. It will cost you money to hire an attorney but if you really have $40k worth of property there, you'll do so.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Missouri on
Q: What is considered a "problem" with mice? Am I required as the landlord to use a professional pest control company?

My tenant, who rents the upstairs from me (I live in the downstairs unit) is complaining of mice. I regularly put poison and traps out in my unit and had a pro pest control company assess twice and put out poison + traps in her unit (company did not think there was a problem that needed more than a... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 19, 2019

You aren't going to find a statute addressing all of your specific facts. If you and your tenant cannot come to agreement and if one of you files suit then the court would need to decide whether you've provided a habitable place.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: Can an apartment complex make me purchase their limited liability policy and refuse mine through Statefarm?

New ownership company and upon receiving my lease renewal letter, they state I'm going to be automatically enrolled in their limited liability policy for $9.75 a month and that I can cancel my policy through Statefarm. I'm in property management, and I'm not sure they can legally do... View More

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Feb 12, 2019

The answer to this question lies in the language in your lease. Check the paragraph about insurance. It will control your responsibilities and obligations.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: What summons form can I use for petition to circuit court for unlawful detainer pro se? Notices have been sent.
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 6, 2019

The court issues the summons after the plaintiff files the petition.

1 Answer | Asked in Consumer Law, Foreclosure, Real Estate Law and Landlord - Tenant for Missouri on
Q: Can the property owner of my house give me a same day eviction by text message?

I am the previous owner of the property. It sold at foreclosure auction on 9/11/18. The current owner agreed to let me rent the property until 3/15/19. My son took his own life 10/26/18, & my granddaughter passed away 12/6/18. The expense of 2 funerals in just over a month caused me a major... View More

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Jan 29, 2019

Your rental agreement should protect you - particularly if it is i writing. And more than one days' notice is required for any eviction.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Hello I have been living in a rental house for 9 months paying $895. I ran into a situation to where our basement

Our basement has been backing up for 6 months as of November. Leasing company has sent the county to dig they did that left a mound of dirt in the front of the house then the plumbers came and tore up the basement floor to fix the inside issue but they left knee side of our basement floor open for... View More

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Jan 2, 2019

The first thing to do is contact the landlord IN WRITING. Describe the situation and give them a deadline to fix it. No rent after that date until it is fixed. Hopefully that will get them moving faster to get the situation fixed.

1 Answer | Asked in Civil Litigation, Civil Rights, Real Estate Law and Landlord - Tenant for Missouri on
Q: If my public housing doesn't follow HUD federal posting procedures for eviction does that nullify the action?

I live in a public housing authority with subsidized income based units in a high rise. The housing authority has attempted to evict me by posting a notice, but it lacks telling me what I did (no detail enough to mount a sufficient defense), and they failed to send it with certified mail. Does the... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 8, 2018

Please identify the regulation.

1 Answer | Asked in Civil Litigation, Landlord - Tenant and Small Claims for Missouri on
Q: Is this legal???

My friend is in Jefferson county jail. After being arrested he made me power of attorney for the purpose of moving his belongings out of his mother's house because she stated she was gonna evict him. I've tried twice with law enforcement to get his belongings and both times she has denied... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 7, 2018

Only a Missouri licensed attorney may represent another party in court. If you file on his behalf you’d be committed a misdemeanor, the unauthorized practice of law. Time to hire an attorney.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Can a landlord require tenant to pay property tax on commercial building in Missouri.
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Nov 29, 2018

Certainly. It's common to have a commercial tenant pay a pro rata share of the real property taxes. The lease controls. Read it carefully and see if it calls for the tenant to pay such taxes. In the future, have an attorney assist in lease review. Unsophisticated tenants often don't... View More

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: After vacating, How long does a Missouri apartment owner have to send written notice of damages? No walk through given.

It’s been well over 45 days and I believe the amounts are Hyper-Inflated.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Nov 28, 2018

Below is the text of the security deposit statute. If you believe that your landlord failed to comply and wrongfully with money, then you may file suit. Before doing so, however, make sure that the lease doesn't have a one-sided attorneys' fee provision such that if you lose you will be... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: For how long can I hold my rent if the landlord is not fixing my water heater I've been asking him to fix it since april

He always said he ordered it and it will take few days months passed and still nothing this month we decided not to pay him until he fixes the heater and said he was going to evict us. He even sent a screenshot from do it best saying he ordered it and when I asked him about that receipt he said he... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Oct 12, 2018

Missouri has a weak statute on tenant repairs.

https://law.justia.com/codes/missouri/2014/title-xxix/chapter-441/section-441.234/

If you choose to withhold rent, the safest option is to pay it into the court. But if you haven't been sued, you'd need to initiate the...
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1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Can my old landlord hold my deposit because I rented one my rooms on airbnb?

On the lease, it was stated that if I share the passcode for the apartment with someone they can terminate my lease (which they did and I left the apartment just in 7 days because of the short notice).

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Sep 28, 2018

Read your lease carefully. The security deposit is generally supposed to be used to cover damages and, if the lease so states, for any sums due. I'm not sure whether under your lease you incurred sums due to your landlord on account of breaching the lease by renting out the room. If you... View More

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: I was giving paper work by my landlord stating i need to move by a certain date thats not been thru the courts yet

My land lord wants me to move but has harassed my parents an threaten to evict them if they didnt pay part of my rent .. They have paid him 400 dollars to keep out of a eviction ...

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Sep 26, 2018

A court judgment is required in order for the landlord to have the sheriff execute on the judgment. If no judgment has yet been entered, then you are entitled to show up at court and defend the case.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: If my previous landlord failed to notify of inspection, and failed to mail out the paperwork stated, what can I do?

Our entire deposit was withheld, along with charges of $1300+ on top of it, for carpet replacement. But we haven't been sent a bill, or any of the receipts or documentation about the carpet that we requested.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Sep 26, 2018

I've pasted below Missouri's security deposit statute. You could sue for twice the amount wrongfully withheld but, based on your post, you should expect the landlord to file a counterclaim against you.

In addition, if the lease has a one-sided attorney's fee provision, as...
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1 Answer | Asked in Landlord - Tenant for Missouri on
Q: In Missouri, can a landlord charge a monthly pet fee to tenants who do not have a pet?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 22, 2018

The lease controls. Read it carefully. I've never heard of a pet fee being charged for not having a pet, however.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: Aren't they supposed to give you a 30 day notice I am up to date on rent gave me a week's notice to vacate
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jul 27, 2018

The answer to your question depends on the lease term. Unless the lease states otherwise,if the lease term is set to expire on July 31, you must vacate by that date, regardless of notice time unless you wish to stay and the landlord accepts the August rent.

2 Answers | Asked in Bankruptcy, Foreclosure, Real Estate Law and Landlord - Tenant for Missouri on
Q: Am i safe from being evicted?

The home I live in is owner financed and I got behind on the payments the owner is taken me to court and was granted a default judgement. Then on may 31 Casenet shows he went back to court and got an execution/garnishment on Saturday June 1 I got a letter from the owners lawyer stating that I would... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jun 5, 2018

The automatic stay is in effect but you ought to file a suggestion of bankruptcy with the circuit court and notify the opposing attorney.

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