Legal Question in Landlord & Tenant Law in Missouri
Rent and Eviction
On July 20, I recieved a written notice from my landlord to vacate by the 22nd of August. On the 22nd of July, my rent was due for the remaining month. I called to let him know my wife would bring the rent as always, and he refused the money, saying that he wasn't interested.
I found a new place to move and called him to let him know I would be moving on the 16th of this month. I told him that I would like to come over and get my log splitter and a few other things that he was storing for me. He refused, saying that I owed him money for the month's rent. I told him that he had refused the money earlier. He replyed that he had to do that for court. I asked why we would be going to court, and he said because you owe me rent. All this after I had offered to pay him on the due date as always. He said that he would do a walk thru and decide if I owed him any additional money. My questions are...
1. Can he keep me from reclaiming my belongings that he was storing for me?
2. If he can't, which I dont think he can, is the county sherriff obligated to go with me to retrieve them?
3. Wouldn't a judge be the only one to decide if I owed him additional monies?
4. When he refused the rent on the due date, does this make the debt void?
1 Answer from Attorneys
Re: Rent and Eviction
1. He cannot keep your belongings; that's called conversion. If he sues you for rent you can bring a counterclaim for conversion. If he just tries to keep your stuff, you can file an action for replevin (legal speak for going and getting your stuff back) and for conversion (which are damages from the loss of use of your property). But don't just go try to get them back; that's trespassing.
2. Sheriff is not obligated until there is a court order, and then he's obligated to execute on it.
3. A judge would be the one to determine if you owe any additional rent, and the landlord's refusal of rent might very well weigh heavily on the judge. But technically, you still owe the rent. The landlord's refusal of it does not eliminate the debt, it merely means you can argue that he waived his right to receive the rent.
4. No. See above.
You need a lawyer to handle this for you if we're talking more than $3000. If not, you can sue him in Small Claims Court.
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