Legal Question in Landlord & Tenant Law in Missouri
Evictions
My landlords girlfriend handed me a written eviction notice Sunday evening after a huge arguement. It stated that I need to vacate the premises within 30 days. My rent for the next 30 days are due today, and this evening my wife called them to tell them we wanted to pay the last months rent. He refused, saying he wasn't interested. I always pay my rent 1 month ahead of time. Whats going on here? Can he legally evict me without going thru the courts?
1 Answer from Attorneys
Re: Evictions
No. He can serve a notice to quit, which is what he did, but the only way he can actually evict you is to go to court and get a judgment of eviction. And, of course, you can go and oppose it. He will likely have to hire an attorney. That will cost him money. If you wait until the 30 day notice to quit is up and do nothing, the only way he can legally dispossess you is to take you to court. The judge might grant him an eviction, but it will probably take him longer than 30 days to get into court. And if you show up on the court date and ask for more time to get an attorney, my guess is they'd continue it another 14 days or so (sometimes 30 days) and you'd be able to remain there until the close of the lease.
The real question is, do you honestly want to stay there if the guy is such a jerk. It feels awful to be evicted, but by the same token, why would you want to pay that jerk even one more dime?
Also, if he evicts you, that creates a court record which might show up on a credit check, and so there are also some risks associated with not moving out.
Good luck in whatever decision you make.