Legal Question in Landlord & Tenant Law in Missouri

landlord-tenant laws concerning a fabricated fraudulent lease

My former landlord is taking me to court on a fabricated fraudulent lease. I have the original copy to our 6 mth lease. Their fabricated lease is for 1 yr & was done after a time which I had called the cops against their maintenance man for being in our apt while we were @ work & he was caught by my spouse playing on my computer. My spouse caught him in another state because my spouse had been given remote access. My son was a co-lease holder & he was removed without his consent.(on the fabricated lease). I was not allowed to be on the lease by myself according to their guidelines. According to this fabricated lease, I am to had been the only party on the lease YET they have my two sons' signatures @ the back of the fabricated lease. They chg'd me a deposit prior to our original move in (for the first lease which was completed) & then chg'd me another deposit for rerenting the same unit. The apt was in shambles when we moved in (we have proof) & now they are trying to make us pay for the clean up & stating damages that were there upon move in. We also have pics, a witness that was there at move out. No, I didn't give a 30 days written notice. Are there laws case or not to have this case dismissed on these grounds? Plz help!


Asked on 4/06/06, 5:49 pm

2 Answers from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: landlord-tenant laws concerning a fabricated fraudulent lease

If there are questions about the authenticity of the leases and who signed them, your best bet is to engage a local attorney who can help you deal with this situation.

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Answered on 4/07/06, 9:56 am
Anthony Smith LawSmith

Re: landlord-tenant laws concerning a fabricated fraudulent lease

If there are two leases covering the same period, then you would do well to hire an attorney to repreent you in proving that yours is the true lease. If you have proof that the damages to the apartment were there when you moved in (and you communicated them to the landlord) then you should not be charged for that same damage, or have it deducted from a security deposit.

One thing you stated concerns me. You said that they charged you another deposit. Could it be that there are two leases that cover different periods? Is yours the first one, and there's a supposed extension or renewal? You did not mention when you are scheduled ot appear in Court. Be careful to respond to the landlords etoition or complain timely. You must file and serve your Answer before the landlord gets Judgment by default. If you respond to me this weekend, I may be able to find someone to help you.

Good Luck

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Answered on 4/07/06, 11:02 pm


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