Legal Question in Real Estate Law in Missouri

Unreasonable Landlord

I live in a mobile home park. We were served legal papers today stating that our lot rent had not been paid for the last 2 months. I called the park management, I told them that the checks had been sent to them on time and have cleared the bank, I could get proof from the bank but it takes 2 weeks and the court date is in 12 days. They said too bad, they would not stop the proceedings until they have proof. They also said they had sent a notice to our home address,I told them that we get mail at a Post Office box not at the home (they had previously been given the PO Box number) They replied that they will not send mail to a PO Box. Do you think a Judge will be more reasonable and allow use to receive the proof from the bank?

Can they refuse to send mail to a PO Box when that is your mailing address?


Asked on 7/31/02, 1:55 am

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Unreasonable Landlord

By all means you should appear in court on your court date and the judge will grant you a continuance. Be sure to tell him or her that you need several days in order to obtain your proof of payment from your bank. Once you have the proof, your landlord may drop the suit. If not, you may need an attorney to be sure that the evidence is properly entered before the court at trial. If you have a written rental agreement there is probably a term in the agreement which specifically deals with "notice" and where "notices" may be sent. If not, you may argue to the judge that the landlord has failed and refused to send you notices to your actual mailing address. Good luck.

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Answered on 7/31/02, 8:17 pm


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