Legal Question in Landlord & Tenant Law in Missouri

we moved into cousins home under the impression that we could live our "forever" there. we are older. their mom and dad passed away and they said home and land was set to where they couldnt sell it. it was to be passed down through the generations. after only being there a year, 72 miles away from where we were, they told us we had to move. they were selling the house. now, they took us to small claims stating that we agreed to pay the taxes for the year that we were there. there are 4 of the 5 cousins stating this to the judge via letters. we never agreed to any such thing. they are so angry cause their dad didnt have the money they thought he did. i am in missouri, how do the laws work with what they are saying is an "oral agreement"? especially since four of them are lying about it. they are all friends with the judge and all in the court house. they grew up with all these people. i would have NEVER moved had i known it was only going to be for a year. our origional agreement was for us to live in the house and fix it up. it was in really bad shape when we moved in. done all the sheetrocking, painting etc. please help. what are the laws for what they say is an "oral agreement" in missouri.?


Asked on 3/06/12, 9:36 pm

1 Answer from Attorneys

Anthony Smith LawSmith

In general, contracts for real proeprty (buildings and land) are to be in writing. However, sometimes leases can be oral. It sounds like the cousins are alleging that you agreed to pay the property taxes for the period you were living in the house. Whether they will be successful coems down to whether they can convice the court that there was such an agreement. If you opt not to be represented by counsel, the facts may not work in your favor. It appears that you allege that you were doing reparis in lieu of paying rent, and that you coudl stay there for the rest of your life, if you made those reparis. If you completed the repairs, you may be a good position, but if there are still reparis to be made, then it will appear to the court more like a lease whrein you pay all the expenses of the property.

I suggest that you consult direclty with a civil attorney in your area. Many offer a free or low cost initial consultation. Have them examine all the documents that you have, and help you decide how to defend the small claims case. You may want to hire them to assist in yoru defense.

Good luck

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Answered on 3/07/12, 11:41 am


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