1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Eviction for fabricated violations

Discussion in 'Eviction, Recovery of Premises' started by parityerror, Mar 21, 2023.

  1. parityerror

    parityerror Law Topic Starter New Member

    Likes Received:
    Trophy Points:
    My landlord told me they had begun eviction proceedings, and they canceled my lease in my payment portal. However, they haven’t sent me a notice to vacate. Could I be sued if I move out before I receive it? If I am forced out and separated from my belongings, I will not be able to do my work.

    I am not being evicted due to non-payment. They are evicting me because I said I would be organizing tenants, after one of their employees hired as security was at the root of 2 active shooter situations in the building. Residents were shot at. They deemed me as a “nuisance” for saying I would be organizing tenants.
  2. adjusterjack

    adjusterjack Super Moderator

    Likes Received:
    Trophy Points:

    Eviction is a court proceeding. Notice to vacate is required before eviction can start.

    Cancellation of a lease without cause and without proper notice would, of course, be a violation of the landlord tenant statutes.

    Did they cancel you lease or just fix it so you couldn't use the payment portal? Two different things. What does it say on the portal?

    If you can pay your rent by bringing a check to the management office, make sure you do so, and make sure you have a witness who can make a video of you delivering the rent.

    Yes. So stay put and work within the law.

    Evicting you for that is likely illegal. I don't know if Missouri has statutory protections for that. Here's a link to the Missouri landlord tenant statutes.

    Missouri Revised Statutes Chapter 441 (2022) - Landlord and Tenant :: 2022 Missouri Revised Statutes :: US Codes and Statutes :: US Law :: Justia

    Missouri Revised Statutes Chapter 535 (2022) - Landlord-Tenant Actions :: 2022 Missouri Revised Statutes :: US Codes and Statutes :: US Law :: Justia

    Missouri Revised Statutes Chapter 534 (2022) - Forcible Entry and Unlawful Detainer :: 2022 Missouri Revised Statutes :: US Codes and Statutes :: US Law :: Justia

    Study them carefully. If you don't find anything about that I suggest you call the state Attorney General's office and inquire.

    landlord-tenantlaw.pdf (mo.gov)
    Red Kayak and justblue like this.
  3. army judge

    army judge Super Moderator

    Likes Received:
    Trophy Points:

    Yes, if you vacate the promises without doing it the way as described in the WRITTEN lease, the landlord will more than likely sue you.

    However, let's not put the cart in front of the horse, expecting the cart to pull the horse.

    What TYPE of lease is in place?

    Is it an annual or longer lease?

    Is it simply a month to month lease, as in TENANCY AT WILL?

    441.060. Tenancy at will, sufferance, month to month, how terminated — judgment of eviction, how effectuated, landlord's liability. — 1. A tenancy at will or by sufferance, or for less than one year, may be terminated by the person entitled to the possession by giving one month's notice, in writing, to the person in possession, requiring the person in possession to vacate the premises.

      2. An occupancy limitation of two persons per bedroom residing in a dwelling unit shall be presumed reasonable for this state. The two-person limitation shall not apply to a child or children born to the tenants during the course of the lease.

      3. Except as otherwise provided by law, all contracts or agreements for the leasing, renting or occupation of stores, shops, houses, tenements or other buildings in cities, towns or villages, and of stores, shops, houses, tenements or other buildings except when such leasing, renting or occupation is as tenant of real estate used or rented for agricultural purposes, other than garden purposes, not made in writing, signed by the parties thereto, or their agents, shall be held and taken to be tenancies from month to month, and all such tenancies may be terminated by either party thereto, or the party's agent, giving to the other party, or the party's agent, one month's notice, in writing, of the party's intention to terminate such tenancy.

      4. (1) Except as provided in subdivision (2), the landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other party stating that the tenancy shall terminate upon a periodic rent-paying date not less than one month after the receipt of the notice.

      (2) When a person occupies and has an ownership interest in a mobile home and is leasing the land or the lot upon which the mobile home is located, a tenancy for less than one year may be terminated by the landlord by giving written notice to the tenant that the tenancy shall terminate not sooner than sixty days from the date the rent payment next becomes due, notwithstanding any written lease provision regarding earlier lease termination to the contrary.

      5. If after the rendition of a judgment and a request for an execution on any judgment rendered in an action pursuant to chapter 524, chapter 534, chapter 535, or this chapter and there is no stay of execution, the service officer fails to deliver possession of the premises to the landlord within seven days of the delivery of the writ to such officer, the landlord may, within sixty days of the date of the judgment, in the presence of a municipal or county law enforcement officer of the jurisdiction in which the premises are located, without breach of the peace, break and remove locks, enter and take possession of the premises and remove any household goods, furnishings, fixtures or any other personal property left in or at the premises, provided the law enforcement officer is first presented a true copy of the judgment and order of execution, and the law enforcement officer acknowledges in writing such presentation, and such acknowledgment is filed in court by the plaintiff within five days following taking possession of the premises.

      6. Except for negligent, willful or wanton acts or omissions of the landlord, or failure to both timely obtain and file the law enforcement officer acknowledgment described in the preceding subsection, the landlord shall have no liability for loss or damage to any household goods, furnishings, fixtures or any other personal property left in or at the dwelling unit, by reason of the landlord's removal of the property in accordance with the provisions of this section.


    Month-to-Month Residential Leases vs. Annual Leases

Share This Page