Legal Question in Landlord & Tenant Law in Missouri

How long do i really have?

I have been renting a home for a year, i was getting help through NECAC, the landlord was suppose to fix some things before NECAC would pass the home for inspection, the landlord didn't, so NECAC stop paying him. the landlord wants to sell the house, i have know where to go, with my 4 children, he has now sent me court papers for me to appear in court on AUG 23, to get me out of the home, my question is, he wants me out by July 31, but still is taking me to court in Aug, should i get out by the 31, or can i wait until i go to court in Aug?


Asked on 7/28/06, 9:19 am

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: How long do i really have?

He cannot force you out of the home until he gets a judgment of unlawful detainer, and if you get out before July 31, then when you go to court in August you won't have a judgment rendered against you for possession.

In truth, the landlord can't have someone throw your stuff out on the street until he gets a judgment for possession, which is what he will do on the 23rd.

He may also be trying to get a money judgment for rent against you, and in that situation, you do need to show up and fight that, even if you get out by the 31st (or later, say August 10th or so). The landlord breached his duties to the agency that was paying your rent, and as such, he can't go back on you for the rent since you were depending on him complying and getting the agency to continue paying the rent.

Do not just avoid going to court because you got out of the apartment. If the landlord shows up and you don't he can get a default judgment which is very difficult to overturn later. So get out when you can, and attend court in August. Make sure you bring a statement from the agency, or someone from the agency to testify, if you don't want a money judgment taken against you.

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Answered on 7/28/06, 10:13 am


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