Missouri Landlord Terminates Lease Off What Neighbors Are Saying?

Question by : Missouri Landlord terminates lease off what neighbors are saying?
am a single mother of a 3 year old son. I have lived in my apartment for over a year and a half. I received a letter from the office stating that I had unauthorized occupants residing in my apartment and I had 48 hours to remove everyone. I have never had anyone living with me. I immediately went up to the office to talk with my landlord. She tells me that she knows because the neighbors have told her so. I offered her to come and check out my apartment. She declined. She wouldn’t listen to anything I had to say and ended up shutting the office door in my face. A couple days later I receive another letter this time from a law office stating that I have to be out by October 31, 2011. How can it be legal for her to evict me off of what other people are saying? I have been cooperative and was open for her to come see for herself. I looked at my lease and no where does it state the # of days a guest can stay before notifying the landlord. The letter states that I violated section 23 of my lease. I looked over my lease and it states my lease will be terminated if I am using illegal drugs. Abuse alcohol. Involved in criminal activity etc. I have never brought any problems to the complex. I keep a clean home. I am very quiet. Never had the police to my apartment. I live here with just my son and I take pride in my home. I feel that I have no way violated my lease. I feel that the landlord has. It says that the landlord promises to keep facilities in safe condition, Make necessary repairs with reasonable promptness. I am living in an unsafe living environment and I have contacted the office since I first moved in about the problems in my home. I live on the bottom level and my ceiling leaks every time it rains. The paint off the ceiling was falling off and it is ruining my furniture and carpet. I have black mold in my apartment. My bathroom leaks water from the tub. Many of my electrical outlets do not work. My exterior lighting does not work. The office lost the set of their keys to my apartment and it took months for them to change my locks and notify me that someone may have my keys. I am in fear to go outside because of the people that stay around me. The police are constantly here. There is so much drug activity going on in this complex its ridiculous. I am in fear to have my friends and family come over. I have no job and no car. I have a 3 year old son. I have nowhere to go. I cannot and should not have to move! I need some advice I am not sure where to start! I have ten days to set up a meeting with the landlord. Thanks~!

Best answer:

Answer by the kid
If you have no lease, they can ask you to vacate with 30 days notice and they don’t need a reason. When did your lease expire?

If you feel they have no proof of their accusation, go to court and fight it.

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4 Responses to Missouri Landlord Terminates Lease Off What Neighbors Are Saying?

  • chatsplas says:

    You don’t have to move.
    They sent you a letter. You responded to LL first time, this time respond to LL’s attorney.
    Polite business letter denying each and every allegation.
    Note that you spoke with LL to explain that you are in full compliance with lease on X date.
    Note that you think this is a retaliatory eviction due to your requests for repairs.
    List major problems and when reported to LL, when requested again, and fact that LL has failed and refused to make necessary repairs.
    To be evicted, they have to take you to court. The judge will listen to you and to LL.
    LL appears to have no proof, only Hearsay, which is NOT admissible.
    Document conditions in apartment with photos.

    IMHO you would be better off living eslewhere, healthier for you and 3 yr old.

  • Flatpaw says:

    Sounds like a horrible place, but if you don’t have the means to move, I feel for you. If you don’t voluntarily move, they have to file an unlawful detainer case, prove they gave you proper notice, have you served, have a court date, etc. This takes time. Maybe they have some other arbitrary reason they want you out; don’t take it personally. But you can participate in dragging it out if you choose. This doesn’t make for a good future reference though.

  • Mr Placid says:

    To terminate your lease, the landlord must file an eviction action in court, and prove to the satisfaction of a judge that you have materially violated a material provision of your lease.

    If you know you have not violated your lease, then just stay put until an actual eviction is filed against you, then go hire your own attorney. My guess is that your lease contains a provision that requires the losing party to pay the other party’s legal expenses in the event there is an eviction lawsuit, so you should be covered when you win.

    BTW, if the only “evidence” is the word of a neighbor, then landlord will NOT win if this neighbor does not show up to testify.

  • Brittney says:

    Are you in the middle of a lease or did it expire and you are now month-to-month? You can be asked to leave at any time, for any or no reason with 30 days notice if you are month-to-month. If you are in the middle of an active lease, your landlord would have to evict you in court, where he would have to prove that you are violating your lease. He will not be able to do so, and the case will be dismissed.

    You cannot both complain about the habitability of the rental and state you cannot move. It’s one or the other, not both. Even if you were to take proper steps to have these things fixed, some of them (ie mold) can result in the unit being red-tagged, and you would be forced to leave immediately. Either put up with the problems of the unit, or risk being forced out.

    The drug issue is not the landlord’s problem. He is not responsible for crime. It sounds like you would be better off moving, anyway. Easier said than done, I know, but I would suggest you make every attempt to get out of there.

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