Legal Question in Landlord & Tenant Law in Missouri

Lease Laws

My friend moved into an apt. in May of this year with a one year lease. While she was at work a nephew came over to swim in the pool and was asked to leave by the landlord. She was called home fro her job by her daughter to get the nephew to leave. This is when an argument started and the nephew began cursing and threating her. Some of the tenants called the police. The police came but didnt file a report and the nephew was banned from property. My friend received a call from the landlord wanting and additional $950 deposit to stay in apt. She paid the $950 within 24 hours, but was given a notice of termination of lease by a law firm that handles the apt. and has until June 29th to get out. The letter stated that she had posed a danger to the other tenants and had other people staying in apt that are not listed on lease. Both of her daughters are on the lease, and the only time someone has stayed is when her daughter had a small slumber party. Can she be evicted for this?


Asked on 6/21/07, 6:38 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Lease Laws

She should consult with a lawyer. It may be to her advantage to move, given the relationship with the landlord. Obviously they expected her to balk at the $950 and her payment of it caused them to display their true intention. This is a classic case of "anticipatory breach" of contract, and your friend likely has a counterclaim against the landlord for breach of the lease. Of course, the language of the lease is what will control, but what the landlord has done to encourage her to breach the lease (demanding the 950) is likely bad faith. She has a potentially strong defense to the eviction. She has to be served with process and evicted through the courts, and when she is so served she should file her counterclaim. If money is a problem with respect to hiring a lawyer, she should consult with either legal aid of eastern missouri, or the Legal Clinics at the St. Louis University School of Law.

My guess is that one letter from a lawyer to the landlord threatening a counterclaim for breach will convince them to let her stay out her lease term, but she can count on them not renewing the lease at the end.

Hope this helps.

Regards,

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Answered on 6/22/07, 9:35 am


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