Legal Question in Landlord & Tenant Law in Missouri

guest of former home owner wont leave

My cousin's brother let their 2nd cousin and her husband and 3 kids move in with him suposedly 'until they got on their feet. They were to leave by Dec. 06. The brother died in early March and the house now belongs to the female cousin. These people never paid rent, never paid utilities, nothing, nada. Now they say Nita needs to give them proper notice or they wont get out. She has already told them they need to get out so she can move in - that was 3 weeks ago. They are still planted there and now are claiming tennants rights. Can this be?


Asked on 4/29/07, 11:04 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Re: guest of former home owner wont leave

Under the facts you describe, you may either file an unlawful detainer (you don't belong there so Court please order them out) action or a Rent and possession (pay the all the back rent immediately or get out) action. The first would be simpler for you to do alone. The second would require that you allege a third party right to the subletted rents. Therefore, you should not bring it without counsel.

They may claim tenants' rights, but the law will not require you to allow squatters to remain in a place they have no real right to be. Just do the action right, or it may backfire on you.

Good Luck

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Answered on 4/30/07, 8:55 am


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