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Missouri Landlord - Tenant Questions & Answers
1 Answer | Asked in Estate Planning, Real Estate Law, Civil Rights, Probate and Landlord - Tenant for Missouri on
Q: My mom died and my son and i lived w her for 10 yrs. My dad said today I have 3 hrs to get out, can he do that
Lydia Seifner
Lydia Seifner
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.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: This is rent and possession case.Ive found federal funds(HUD) to pay past due balance.is it legal for landlord to deny?
Ronald J. Eisenberg
Ronald J. Eisenberg
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.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Missouri on
Q: How to write demand letter &prepare for unlawful detainer case in where my defense is the dwelling uninhabitable in MO?
Ronald J. Eisenberg
Ronald J. Eisenberg
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...
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2 Answers | Asked in Contracts, Animal / Dog Law and Landlord - Tenant for Missouri on
Q: Tenant rights In Missouri on service animals in housing where pets are allowed but I’m being evicted .

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

Ronald J. Eisenberg
Ronald J. Eisenberg
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.

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1 Answer | Asked in Landlord - Tenant for Missouri on
Q: How do a landlord have to give you before they can file for eviction of nonpayment of rent
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 3, 2018

None. Service of the summons constitutes sufficient notice under Missouri law.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Can my landlord try to sue me for unpaid rent and how much if I abandon a property without paying rent?

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?

Ronald J. Eisenberg
Ronald J. Eisenberg
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

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: I received a 10 day notice and before the 10days were up the LL electronically filed eviction papers is this legal?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 3, 2018

Service of the summons constitutes notice for a rent-and-possession case.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: My roommate who is not on the lease has threatened me physically. Also he has sent veiled threats via text. Can we evict
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 3, 2018

Only your landlord can evict him; however, you could seek and order of protection.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: My husband was killed in a car accident,we just signed 2yr lease i cant afford with my my income,can I get out of this .

Or have term changed to month to month.

Ronald J. Eisenberg
Ronald J. Eisenberg
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.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Property manager is refusing to fix my water issue. I've been without water for a month. Can I withhold rent?

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

Ronald J. Eisenberg
Ronald J. Eisenberg
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...
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1 Answer | Asked in Landlord - Tenant for Missouri on
Q: My old landlords are trying to collect rent after I moved out of my St Louis apartment

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

Ronald J. Eisenberg
Ronald J. Eisenberg
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

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: 1. Is keeping part of the security deposit “just because” even legal? 2. Does he have to do a walk through with us?

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

Ronald J. Eisenberg
Ronald J. Eisenberg
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.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: can my landlord file suit before my notice days are exhausted? And how are notice days counted?

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?

Ronald J. Eisenberg
Ronald J. Eisenberg
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.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: Renter withheld rent until repairs were done. Renter now believes she does not have to pay the rent she has withheld.
A. Alexander DeMasi
A. Alexander DeMasi
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.

1 Answer | Asked in Contracts and Landlord - Tenant for Missouri on
Q: My lease says I am required to pay my full month of rent due on the first but I am not allowed to move in until the 19th

Wanting to know if this is legal

Kevin Webb
Kevin Webb
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.

1 Answer | Asked in Landlord - Tenant, Consumer Law, Contracts and Personal Injury for Missouri on
Q: My wife and I have rented a half duplex in Belton, MO for 12 years. The landlord has not maintained the property.

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

Kevin Webb
Kevin Webb
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.

1 Answer | Asked in Contracts and Landlord - Tenant for Missouri on
Q: Do i have to pay my rent this month?

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.

Kevin Webb
Kevin Webb
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...
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