Legal Question in Landlord & Tenant Law in Missouri
Unlawful eviction
I was employed as a resident manager at a hotel that required I live on the premisis. At the time I was hired, I signed a lease for the apartment that ended in 6 months or upon my termination of employment, whichever occurred first. After 7 months, my position was eliminated, thus I was terminated, but the lease had expired. They gave me only 2 weeks to move out. I did some research and informed them they needed to give me a 30 day written notice. I was harrassed and told I would not get my severance pay because I hadn't moved out within the 14 days. Further, my apartment was entered by hotel management while I was out of town. I have since moved out but without a job, I had to put my belongings in storage and move in with friends which is a hardship. Do I have any legal recourse in this matter?
1 Answer from Attorneys
Re: Unlawful eviction
If you have cashed your check for the severance payment, and if the check for severance did not require you to release all causes of action against your former employer (two big ifs) then you could potentially maintain a cause of action for violation of the covenant of quiet enjoyment and for constructive and/or wrongful eviction. Under Missouri law once the six months passed your tenancy was "suffered month to month." That means that you could not be evicted until you had been given one month's notice. Now, obviously, if there are contrary terms in the lease, the lease controls. But at common law, you had 30 days. You could file an action for damages in Small Claims Court against your former employer in Jackson County (where I assume this occurred). You can bring a claim for up to $3000 in small claims court. Keep in mind, however, that your employer could countersue you for any cause of action he or she maintained against you.
Nolo Press has some excellent books on landlord-tenant law and those are generally available at your library.
Good luck.
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