Legal Question in Landlord & Tenant Law in Missouri

Occupancy issues

The lease for the home I am renting expired March 31. I continued to rent month-to-month, although this was not spelled out in the lease. At the time I was behind in my rent. I avoided going to court by getting caught up. I am now behind again, but would like to vacate June 30 and pay them while staying with relatives or renting something cheaper. My management company says if I do not vacate by Friday, June 22, that they will change the locks and put my furniture out under the previous, settled-before-court, legal action, claiming that this counted as their written notice to me.

I know I owe them money, and I intend to pay it. My question is to the process--can they change the locks and put my furniture out citing the settled action as notice, or are they bluffing to get me to move early? I was under the impression that once settled, the action became null-and-void and have been operating under that assumption while planning to move.

I know that I am in the wrong here and don't question that. I want to make it right. It's just that I would prefer not to have my furniture put out onto my lawn in front of my children if possible.

Can they do this to me on Friday?


Asked on 6/19/07, 3:48 pm

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

Re: Occupancy issues

When you say you avoided going to court by getting caught up, I suspect the landlord went to court and got a judgment of eviction which it then held in its hip pocket waiting for you to get into default again.

If you did not show up at the hearing, and did not show the court that you were no longer in default, they could easily have gotten a default judgment. Go to Casenet and look at your case file. If there is a judgment issued against you, they can execute on the judgment at any time and without further notice. The sheriff will arrive as will the people who will evict you, and they will cart your stuff to the curb.

Your best bet is to beat them to the punch and get out, provided, of course, that they actually have a judgment. If they do not have a judgment, their prior notice is not valid. They can only evict you with a judgment, not with mere "notice."

If you have questions, you should see legal aid and ask for assistance. They assist people like you with these kinds of matters without cost usually.

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Answered on 6/19/07, 3:54 pm


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