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Missouri Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Small Claims for Missouri on
Q: I have a really problem here it's my first time renting a apartment. And my question is about paying my rent

I paid my landlord $200 for deposit and 525$ for the rent But the date was june 29,2020 and the landlord called and says I need to pay my rent for July ..but my question is what about the 525$ What is for ? Is it only for the 2 days of june ? I need some answer please

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 2, 2020

You'll need to read your lease. Generally, rent for the month is due on the first of the month and if someone moves in mid-month the tenant owes pro-rated rent for the first month.

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 Real Estate Law and Business Law for Missouri on
Q: A family member would like to use one of my apartments (i am an owner occupant of a 4plex) for "office space".

I'm sure it's for tax purposes. How would I, or should I, do this? Thanks!

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jul 31, 2020

If you think it is fraudulent, stay far away from it. But if they are really going to use the space and pay rent, I don’t see a problem.

1 Answer | Asked in Estate Planning and Real Estate Law for Missouri on
Q: In the state of Missouri what would I need to do to transfer my families farm from one person to another?

its a farm that has 2 homes one it, and its going from the owner who is the Grandmother, to the grandson.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jul 29, 2020

To transfer the property, the owner must sign a deed transferring it to the new owner. Then the deed must be recorded in the county where the property is located. She should have the deed drawn up by an attorney to make sure it Is done properly and meets the Missouri requirements.

1 Answer | Asked in Real Estate Law for Missouri on
Q: I bought a house from a homeowner the house title still on his name i can’t pay the mortgage anymore can i walk away?

Can i have legal problem if a walk away from the house

Anthony M. Avery
Anthony M. Avery answered on Jul 29, 2020

The house being in his name only has to do with the title and possible foreclosure. But when you bought the home, did you assume the mortgage? Did you ever tell the lender you were responsible for the Note? If you did not, then you took subject to the mortgage and did not become personally... Read more »

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 Real Estate Law for Missouri on
Q: We put in writing offer to agent for home purchase and she failed to give to seller. 4 days later it’s under contract>
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 22, 2020

That's not good. Your broker owed a duty to you to convey the offer. You did not ask a legal question, however. If you are wondering whether it makes senses to sue, that depends on a lot of things. For example, what are your quantifiable damages? Are you willing to pay an attorney to... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Missouri on
Q: Can I sell my house with unpaid property taxes? It is not up for tax sale, but is 2 years delinquent.

I have a buyer, and will be selling the house for the remainder of the mortgage, walking away from the closing table with nothing.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jun 29, 2020

You can sell your house but the unpaid property tax will have to be paid at closing.

2 Answers | Asked in Real Estate Law for Missouri on
Q: In mo, a father and his 2 adult daughters have a piece of property and are joint tenants with rights of survivorship...

The father listed the property to sell with me. I was unaware of their ownership arrangement. One daughter has been involved in the sale throughout its entirety. The other has been aware of it the entire time and has been supportive. After having been on the market for a year one daughter does not... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jun 3, 2020

Unfortunately, all owners are supposed to sign the listing agreement for just this reason. If one owner does not want to sell, it is up to the other owners to take legal action to force the sale. This is unlikely to be complete by your contract closing date.

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1 Answer | Asked in Consumer Law, Real Estate Law, Agricultural Law and Environmental for Missouri on
Q: what is the penalty for negligent burning in the state of Missouri? It is a class C misdemeanor.
Tim Akpinar
Tim Akpinar answered on May 30, 2020

Only a Missouri attorney could advise you on this, as it involves state law. But you await a response for four weeks. Here on Justia, at - https://law.justia.com/codes/missouri/2017/title-xxxviii/chapter-569/section-569.065/, you will see an outline of the law - 2017 Missouri Revised Statutes -... Read more »

1 Answer | Asked in Real Estate Law for Missouri on
Q: My parents found out from the assessors office that someone built a WHOLE house on their property 18 yrs ago in MO

They contacted a local lawyer who said there was nothing that could be done b/c of the 10 yr statute of limitations. Now, what are your thoughts? Anyone?

Anthony M. Avery
Anthony M. Avery answered on May 25, 2020

Adverse Possession is very real. But it usually only encompasses where the possession occurs. If this only involves a Lot, then they probably lost it unless the Tax Statutes save them. On a Tract, they may of only lost where the house is situated and access to it. They need to hire a Real... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for Missouri on
Q: Does one pay estate tax on home inherited thru a transfer deed?

My husband and I have been married 5 years. After marriage, I moved into his home and we subsequently completed a transfer beneficiary deed on the home. If he were to pass, would I be obligated to pay some sort if estate tax on the home?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on May 23, 2020

There is no estate tax in Missouri.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: Is it legal for my commercial landlord to give notice of a fine/increase in rent to my employee?

My landlord gave me a notice saying that I owed him $700 and that he would increase my rent for the next 2 month. as a result this requires me to sign a new lease. this notice was given to an employee in my store and they were told to pass it on to me. Is this legal? The employee was my daughter... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 22, 2020

Yes, it is “legal” for your landlord to communicate with your workers about your lease.

1 Answer | Asked in Real Estate Law for Missouri on
Q: my name is not spelled right on my real property tax bill

Last name is Wedle, they have Wedel.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 13, 2020

Then get it corrected. Could be that it is misspelled on the deed.

2 Answers | Asked in Real Estate Law for Missouri on
Q: Our neighbor after owning her house for 6 years is now contesting a property line. Does she have any standing?

We've lived in our house 20+ years and the fence in question was there when we bought the house. And the survey we had done showed no problem and the 2 previous owners had no problem with the property line

Anthony M. Avery
Anthony M. Avery answered on May 5, 2020

Any adjacent property owner has standing to file suit concerning a boundary dispute. The fenceline is probably the boundary line due to Acquiescence irregardless of deeded legal descriptions. The predecessors in title for both you and the complaining property owner are potential witnesses.

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Missouri on
Q: when will the state take assets?

My mother took care of my grandmother for 3 years prior to my grandmother moving to a nursing home where she died on Medicaid after an additional 4+ years. It has been 3+ years since my grandmother’s death and my parents have not put the my grandmother’s house on the market. My Mom claims the... Read more »

Nina Whitehurst
Nina Whitehurst answered on Apr 29, 2020

Your mother is correct. When the home is sold the state is entitled to take as much of the sale proceeds as necessary to reimburse itself for the cost of care that it provided to your grandmother. This often amounts to all of the proceeds.

This is so sad because, had your mother or, even...
Read more »

1 Answer | Asked in Real Estate Law for Missouri on
Q: I close in 2 days but I don't have the requested copy of my divorce decree for the title company I'm in Mo. what now?

They asked for the decree 3 days before scheduled closing

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 10, 2020

If the title company requires it and you don’t have it, then you probably cannot close. An attorney in Missouri could likely log on to Casenet and download the document and email it to you, assuming the case didn’t predate the conversion to electronic docketing of cases.

1 Answer | Asked in Consumer Law, Real Estate Law and Civil Litigation for Missouri on
Q: Can I recoup expenses due to Sellers year-long ignoring requests and changed deed w.o me a not agreed?

March 2019 requested letter or legal documents of our lease to purchase agreement so I could have home owners insurance.

-July 2019 Seller said again would get me documents to obtain insurance. (never happened)

-October 2019 paid in full the sale price.

-Dec 2019 Sellers... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Apr 4, 2020

There is a lot going on here. You definitely need to meet with an attorney. They can help you get copies of the necessary documentation and potentially make a claim to enforce the contract. Hopefully your requests listed in your question were made in writing. But as long as your contract is in... Read more »

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: My landlord & I got into a phone argument, where he verbally said 'wanted is out'. Can he? 12 mo lease, ends 4-1-20

I'm bipolar (not officially diagnosed, but I've lived w enough to know). The other day I woke up to my daughter telling me landlord had been by. Called him, & before the end of the convo, I was getting MAD, & usually wind up cussing. Told him I was getting mad, just woke up, &... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Mar 26, 2020

In Missouri there are statutes that control the timing and notice required for eviction. Generally speaking, a verbal request to a tenant to leave is not enforceable. Also the terms of the lease, when lawful, will control. I recommend you review your lease and the circumstances with an attorney to... Read more »

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