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Squatters Rights/Adverse Possession

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breeze69

Junior Member
Missouri

I have lived in my house for 6 years and my girlfriend now fiancee moved in three years ago then her son and daughter moved in with us, There was never a written agreement went i took possession of house. I have been paying $600 for rent but no proof because my land lord did not want a paper trail to lead to him he is a friend of mine but now he wants to start charging me $1000 per month. I will have to leave if i cant pay it,i have built a shed and a privacy fence in my 6 years here and have a frame built for a deck do i have Squatters rights to this property and what are my options.

Also can I add the years that i have been here plus the years she has been here to suit the statue of limitation law for said matter.

Thank You
David Davis
 
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Gail in Georgia

Senior Member
No; you don't have squatters rights. Most folks who claim they do have no idea what squatters rights are.

What you have (in the absence of a written lease) is a month to month lease, also known as a "tenancy at will". This means that if you pay your rent on a monthly basis, your "lease" begins the first day of each month and ends on the last day, only to renew the following month unless either party (the landlord or the tenant) provides written notice to terminate this.

Because the lease "renews" itself on a monthly basis, the landlord is free to raise the rent each time it does this UNLESS the unit is in a rent controlled area (unlikely in Missouri, although not unusual in places like California or New York).

In Missouri (as in most states) all that is required to terminate a tenancy at will is a 30 day written notice:

Section 441-060 Tenancy at will, sufferance, month to m

Renters sometimes like tenancy at will situations because, if they wish to leave, it is very easy to do so without worrying they are breaking the lease. However, tenancy at will situations give them limited legal choices should the landlord wish to end this type of lease or increase the rent.

In addition, if you built the shed, the fence and the frame for the deck WITHOUT the landlords permission to do so, you may be facing some financial charges for doing so.

This is NOT your property (I'm going to assume you are not in a rent to own situation, correct) and you had no right to do these things without the landlords permission.

Frankly, you would have done better to enter into a "rent to own" situation with the landlord. It is really stupid for a tenant to go to the time and expense of building decks, sheds and fences on property they have no legal title to.

Gail
 

breeze69

Junior Member
Thanks Gail But What about this

I understand about the tenancy at will,But in my case the landlord has pretty much abandoned the house he does not do any repairs the house does not have heat i heat by stove and space heaters because there is no propane tank to run the gas furnace that's here.

The law for Squatters rights says that if you possess a property for a specified period of time and are open about it and live on or possess the property like its yours then you rightfully own property there are other requirements to this law and i seem to fit all of them.

Now i did not know about this law until this morning and weather or not anyone agrees with the law it is there and legal apparently.

Please read it and tell me what it says

just google it - Squatters Rights/Adverse Possession
 

Mass_Shyster

Senior Member
In order to claim title by adverse possession, your possession of the property must be adverse to the record owner (hence the name Adverse Possession). Since you are paying rent, your possession is not adverse to the record owner.
 
The law for Squatters rights says that if you possess a property for a specified period of time and are open about it and live on or possess the property like its yours then you rightfully own property there are other requirements to this law and i seem to fit all of them.
First of all, "squatter's rights" isn't a legal term at all. It's simply a layman's term for "adverse possession." Not trying to nitpick you, just clarifying.

Second of all, if you'll read the statutes pertaining to AP, you'll notice a phrase to the effect of "use that is hostile or contrary to the owner's interests." "Contrary" in this case means without the owner's permission.

Since s/he is your LL, and you've been paying rent (which said LL has accepted), you have been occupying the property with the LL's permission.

Once permission enters the equation, the owner/LL is not susceptible to AP. Because there is no "adversity" to the possession.
 

Gail in Georgia

Senior Member
"I understand about the tenancy at will,But in my case the landlord has pretty much abandoned the house he does not do any repairs the house does not have heat i heat by stove and space heaters because there is no propane tank to run the gas furnace that's here."

Your rights in Missouri regarding your landlords obligations to make repairs:

Your Legal Rights ... legal, rights, justice, landlord, eviction, tenant, rent, repairs

"The law for Squatters rights says that if you possess a property for a specified period of time and are open about it and live on or possess the property like its yours then you rightfully own property there are other requirements to this law and i seem to fit all of them."

Simply building fences, decks and sheds on a property does not mean you own this property.

Gail
 

swrdmbo

Member
Since you began renting this property 6 years ago at $ 600.00 per month you have moved in 3 additional adults. Many LLs charge extra for additional people,

That is quite a jump in rent but may be justified. He may want you to move and this is his way of getting the job done without being nasty.

You however, call him your "friend" but are ready to try to take the house HE owns by adverse possession?? Some friend you are!

And as everyone else has said...you have NO idea what adverse possession is, and NO you do NOT qualify to take possession of this property under adverse possession !
 

John_DFW

Member
In addition, if you built the shed, the fence and the frame for the deck WITHOUT the landlords permission to do so, you may be facing some financial charges for doing so. Gail
Hopefully for the landlords sake, proper permits if necessary were obtained. If not, landlord may be required to remove these improvements if they do not meet code.

I imagine in addition to 6 years of bank statements for deposited rent, the landlord also has probably made payments for taxes on the property.
 

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