Get free answers to your Landlord - Tenant legal questions from lawyers in your area.
answered on May 16, 2018
If your dad co-owned the property or is the executor of her estate; then yes, he can. However, if you were paying rent, or had a rental agreement, then he needs to give you 30 days notice.
answered on Apr 25, 2018
I don't understand your question. If you are being sued you must show up for court. If you tender all sums due while at court that should prevent the case from going forward.
answered on Apr 13, 2018
Counterclaims are not permitted in unlawful detainer actions. Wells Fargo Bank v. Smith, 392 S.W.3d 446 (Mo. banc 2013). https://scholar.google.com/scholar_case?case=2944970135383545146&q=missouri+unlawful+detainer+counterclaim+%22wells+fargo%22&hl=en&as_sdt=4,26
I don't... View More
She walked into my fiancé home with no notice after calling him asking if he’s home and he had a dog. No he’s not home and no dog. He’s my service animal I have psychological disabilities . I was added on lease 2 weeks ago. So she comes in the home knowing he’s not home well I am n my... View More
answered on Apr 5, 2018
You could hire a lawyer to write a letter explaining the law and your position. I don't think this is a matter that you will end up litigating on your own. Best wishes.
answered on Apr 3, 2018
None. Service of the summons constitutes sufficient notice under Missouri law.
I need to move to help family but cannot afford their lease buyout fees. If I leave the premises in good and clean condition how much can they sue me for?
answered on Apr 3, 2018
Your landlord can sue your for the unpaid rent as it accrues. Leaving the premises in good and clean condition is a good thing to do, because if you leave it in damaged condition then your landlord could sue you for any damage you caused. It is in your best interest to try to negotiate a... View More
answered on Apr 3, 2018
Service of the summons constitutes notice for a rent-and-possession case.
answered on Apr 3, 2018
Only your landlord can evict him; however, you could seek and order of protection.
Or have term changed to month to month.
answered on Apr 3, 2018
I am terribly sorry for your loss. Unfortunately, he death does not give you the right to terminate the lease. Hopefully your landlord will take some pity on you. It doesn't do the landlord any good if you are there but cannot pay.
I've been without water off and on since November. I've always paid my rent on time and I'm not behind, even when I was having issues. My property manager is aware of the law because she commented on my post stating it. Her son does the maintenance and within a week after he spent 8+... View More
answered on Apr 3, 2018
Here is Missouri's weak statute on tenant repairs:
Tenant may deduct cost of repair of rental premises from rent, when--limitations.
441.234. 1. The provisions of this section shall apply only to a tenant who has lawfully resided on the rental premises for six consecutive... View More
I recently moved to Colorado and my old landlords are trying to collect rent through April. I signed a one year lease on March of 2016 for one year, and moved out Dec 28th of 2017. They are claiming I owe them rent still because they extended my lease without my knowledge or having me sign a second... View More
answered on Apr 3, 2018
You are obligated to follow the terms of your lease. An attorney would need to read the lease to give you proper advice. Focus on whether the lease refers to the last month's rent as a security deposit. My guess is that it doesn't, because that would mean you were not giving any... View More
We are breaking our lease because of military orders. Our landlord wanted us to pay his buyout agreement which is 2 months rent and forfeit of security deposit, but federal law is that with military orders we have to give 30 days notice and he cannot penalize us and also has to give our security... View More
answered on Apr 3, 2018
I've never heard of a "get ready fee." It sounds like an unlawful attempt to withhold part of the security deposit. I think you have located the correct security deposit statute.
The letter says if not resolved within 5 days, we may turn this matter over to our attorney. Does this mean on the 5th day from the letter? The letter is dated Feb 7 and suit was filed Feb 11. Did I get shorted a day or did they do this correctly?
answered on Apr 3, 2018
Unless the written lease requires separate notice, a landlord may file a rent and possession suit without notice. Receipt of the summons constitutes notice.
answered on Mar 7, 2018
Is your question what to do next? I would consider consulting an attorney and initiating an eviction proceeding. In Missouri, as in most jurisdictions, a landlord may initiate an eviction proceeding if a tenant stops paying rent.
Wanting to know if this is legal
answered on Nov 27, 2017
You signed it. Usually, people get it pro-rated. How long ago did you sign it? How did you negotiate it? You should speak to an attorney about the specifics of your case.
I recently fell from the garage steps that were in disrepair. The handrail to the basement is also loose and dangerous.
I told the landlord about the fall. He stated his insurance does not cover me. What options do I have for requiring the landlord to make repairs and to require him to... View More
answered on Nov 27, 2017
It may be that you are in a property that is uninhabitable. It may be that your lease requires the landlord to maintain the property. You need to speak to an attorney concerning the specific facts in your case.
Water has been leaking thru my dunning room baseboards. They can't find problem tore up my carpet. It has been over a month. The mold is bad. Now she said she will move us to different apt next week. I am disabled and will have to hire movers.
answered on Nov 27, 2017
Yes, pay your rent and hire an attorney to sue immediately.
Here's the deal. You either will appear in front of the judge as a deadbeat who has failed to pay--no matter the excuse--or you can appear in front of the judge as an unjustly wronged tenant, who has spent months paying for... View More
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