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  1. #1
    Tenant is offline Junior Member
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    Unhappy New landlord violated my rights

    What is the name of your state? Missouri

    This landlord purchase this duplex complextion on Nov. 20th 2006. Day one i was working and received a call from my neighbor of new owner was trying to get in place(had notification besides from neighbor at the time). He had popped in later in day no problem wanting to look around and asked "any problems" I proceede to tell him about refrig. leaking been doing for awhile and showed the water pressure in kitchen is not good like bathroom is. Also, asked him if he knew my storage building i built(have receipts too) did not come in the sale? he said no, know i believe he is going to try that too if he can play like this with my rights.

    Then showed up again on the 25th and told me my lease(which do not have any longer lived here for almost 7 yrs. now) had stated rent is due on the 21st i suppose at this point he was expected me to pay again for nov. rent. I told him always paid by 5th. Then he came over again on the 27th giving a 7 day notice to vacate(only typed on computer with very big letters) I had called him on cell phone and said why eviction he claimed owe back rent(he had told neighbor because of dog was looking for home long before he came do not have any longer). I proceeded to let him know he is violating my rights at this time and do not owe you rent i paid last landlord on the 5th. Also, mentioned he does not have a right to enter premises without notice(reason mentioned because he said he could and laughing) told him too i do not find any humor in this matter, mentioned he needs to look up landlord/tenants rights.

    Next, my son was here and he served my son with a 30 days noticed on dec. 8th this time with a witness signature(he did tell me before that he had partner and asked to speak to him and he would not tell me but a first name and no way to contact) also no reason why eviction which i believe i read he does not have to. He did accept my rent in Dec. and did not to this day accept my rent for jan. instead on the 31st of jan. was served court papers.

    Questions are if you would give advice on. Do i need a lawyer and if so could i request for appointed attorney(i cannot afford one)? What i can expect if i do not win or if i do win? how long could they give me? How does deposit work when landlord sells out like this?
    Hope you don't be too harsh on me

    ThanksWhat is the name of your state?
  2. #2
    Ozark_Sophist is offline Senior Member
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    What does your lease say? When does it end?
  3. #3
    Tenant is offline Junior Member
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    Only had a lease the first year moved in.
  4. #4
    Ozark_Sophist is offline Senior Member
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    So, after the lease ended the first year, you went to month-to-month. I believe 30-day notice is required, so if he gave it to you Dec 8 (before the lease month Dec 21 to Jan 20), you needed to be out by Jan 21st. I could be off by a few days, but you would have definitely needed to be out by Feb 1st (in the event, month to month applies to calender months. I would start packing.
  5. #5
    LindaP777 is offline Senior Member
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    Sorry, it looks like you will have to move.
    If you are under a month-to-month lease (and if your lease was up 6 years ago, that's what you're under, a "month-to month" lease), the landlord only needs to give you proper notice that he is terminating the lease. He does not have to give you a reason. If you refuse to leave he will have to evict. But you really don't want an eviction on your record, now, do you?
  6. #6
    Tenant is offline Junior Member
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    Why do landlords have the right to evict for no reason though and hurt someones crediabilty like that. I am going to court with him want my side heard. No one has really answered my other questions.
  7. #7
    Paddy Reagan is offline Member
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    Any agreement between a tenant and landlord allowing the tenant to stay after the lease ends should be in writing. Otherwise if there is a disagreement, the tenant may be charged double rent.
    This quote is from a brochure published by your state's attorney general.

    You're what is known in many states as a "holdover" tenant. This is a classic good news bad news situation. The good news is that you can move away with little notice whenever you wish. The bad news is that the landlord can tell you to leave with little notice whenever he chooses.

    If you have proof that your rent was paid (receipts, canceled checks, etc.) and your apartment is good condition with normal wear, you should get your security deposit back within 30 days. With the landlord's attitude you describe I wouldn't count too heavily on that happening without a fight.
  8. #8
    Gadfly is offline Senior Member
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    The LL can evict you because it is HIS house, not yours. Sad but true. If you want property owner rights, become a property owner.
  9. #9
    LindaP777 is offline Senior Member
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    Quote Originally Posted by Tenant View Post
    Why do landlords have the right to evict for no reason though and hurt someones crediabilty like that. I am going to court with him want my side heard. No one has really answered my other questions.
    Just a clarification . . . the LL does not need a reason to terminate a month to month lease. He does have to have a reason to evict. If you do not move out of his house once your month to month tenancy has ended, he has just cause to evict and remove you from his house.
    Last edited by LindaP777; 02-09-2007 at 11:08 PM.
  10. #10
    LindaP777 is offline Senior Member
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    Quote Originally Posted by Tenant View Post
    Questions are if you would give advice on. Do i need a lawyer
    No you do not have to have one.
    Quote Originally Posted by Tenant View Post
    What i can expect if i do not win or if i do win?
    If you lose, the judge will give you so many days to move. If you win . . . why would you win? The LL wants you out, so move. The only thing you can hope for (if the LL is suing you for past due rent and late fees), is that you have enough proof (i.e. dated canceled checks and/or receipts) that rent was paid on time and the LL is not awarded damages. But, you will still have to move if the LL doesn't want to continue your month to month tenancy.

    Quote Originally Posted by Tenant View Post
    how long could they give me?
    Depends on the judge. 3 days? 7 days? 10 days?

    Quote Originally Posted by Tenant View Post
    How does deposit work when landlord sells out like this?
    At the time of closing at the sale of the property (from the old LL to the new one), everyones security deposits were passed to the new LL. The new LL is responsible for returning any unused security deposit for you and any other tenants. (The "plus" is "wear and tear" in 7 years would hardly amount to anything, so you should get most (if not all) of it back, if you leave the place empty, clean and in good condition, assuming there is no past due rent or late fees.
    Last edited by LindaP777; 02-09-2007 at 11:10 PM.

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