The Battle Begins

[Magdalena_Rose]

From Missouri State:

Well its just time for me to do my homework.
My LL was O.K. in the beginning but now ever since his divorce he has stopped caring about his properties.

I live here in his court with my boyfriend and 3 children.
The home has become un-livable to my standards as well as code I'm sure.
I haven't done much at this point.
The only thing I've done is make a tremendously large list of repairs needed.
At this point as well,the repair man has yet to finish a huge hole in my living room floor and my bathroom floor.

So if you guys could help me with some questions that would be great.

It appears the repairs aren't going to be fixed.
I have got to leave here but I have no clue how much time I have...is it 90 days?,30 days??
For almost 3 years I have been a "Tenant at will".
There is no lease agreement and I have paid in full on time ,everytime.

I guess my next step would be to get a city man out here to evaluate the code violations.
Well its bad...I'm talking Black Mold in the walls and crap!

I really need to know my rights as a "Tenant at Will".
I did give my LL deposit for damages.
There's no last months rent.
There's is no written agreement.
The only written agreement is his LL rights to repair the home and enter on emergency.
Which...guess what...He hasn't even inspected the home in almost 3 years or even did a walk through.

OK sorry so long and I will wrap it up...& I appreciate all the help anyone has to offer!
Thanks!

 

[moburkes]

http://ago.mo.gov/publications/landlordtenant.pdf
Here's a start. Post back with your questions after you have read that.

 

[Magdalena_Rose]

From Missouri State:

So if you guys could help me with some questions that would be great.


I have got to leave here but I have no clue how much time I have...is it 90 days?,30 days??
For almost 3 years I have been a "Tenant at will".
There is no lease agreement and I have paid in full on time ,everytime.

I guess my next step would be to get a city man out here to evaluate the code violations??
Well its bad...I'm talking Black Mold in the walls and crap!

I really need to know my rights as a "Tenant at Will"!
I did give my LL deposit for damages.
There's no last months rent.
There's is no written agreement.
The only written agreement is his LL rights to repair the home and enter on emergency.


I appreciate all the help anyone has to offer!
Thanks!

There are a few questions here and plenty of information I've given for people to better understand my situation! Thanks.

I'm looking to see if some one can help me to better understand my rights in missouri,
as a "Tenant at Will"! There is no lease!

I also do not know how much time I have upon leaving...
Am I alllowed only 30 days without pay or am I allowed 90 days max to find a different home?
Thanks!

I am also open for any advice from people...given all the information here with my situation.
"The Battle Begins"!
Like,I'm not done with this guy...I need to come out of this on top! ya know?
My "SLUM LORD"! is a "snake in the grass" and I want him served! LOL

 

[moburkes]

with no lease, give him a 30 day notice starting at the beginning of the month. So, tomorrow give him written notice that your last day will be October 31st.

 

[treese]

Why do you want a battle? If it is so bad ... give notice and move.

Am I alllowed only 30 days without pay or am I allowed 90 days max to find a different home?

You don't get to stay without paying ... period.

You are required to give one month's written notice to terminate your month to month tenancy at will. This notice must include a full calander month/rental period. If your rent is due on the 1st, give notice today and you can vacate on or before October 31st. Give notice after the 1st and you will have until November 30th to vacate. You are required to pay rent through the termination date.



If you believe there are code violations, then call in a housing inspector. If the place is as bad as you say, they may condemn the property and you would have to move immediately.

 

[Cvillecpm]

Give 30 day WRITTEN notice with your Oct rental payment and move at the end of your notice.

Many prospective landlord's won't even deal with you as a tenant applicant unless you have given notice where you are AND know your exact move in date.

FYI - don't tell any prospective NEW landlord about your current landlord's divorce, etc as you may sound silly and undesirable...if a prospective landlord ask you why you are moving, say you outgrew your current house, etc. Since you want a good reference from your current landlord, don't call code/building inspector, etc.

 

[Magdalena_Rose]

Thanks for the advice.

See I just thought you had maybe 90 days to find a new home.
I cant just move me and my 3 children in 30 days,or find a new home that is.
I am not going to pay him during my 30 day notice either.
I have to have that money to move.

I guess I'm just a big jerk who thinks the world owes me something LOL
No j/k but I have to be realistic and this guy has made way too much money off of me and this place is falling apart,when he could have used some of his profits to fix the home.
Now it has to be renovated IMO & that couldn't very well be done unless we left the home.

So if he decides he wants to try and get court orders to evict me...(due to not paying).
How long is that process? & what should I do in my defense?

There has to be something I can do considering my situation.
Thats why I say battle because nothings ever easy for me & we live pay check to pay check basically.

ok so if I give him notice too leave and don't pay him... what do you think the outcome will be?
I'm sorry to ask so many questions,its just I've never been in this situation before!
I know he hates having to hassle with legal crap.
He's been to court far too many times and personally the judges and what not...can't stand the man.
He's also been convicted of drug trafficing and such.
He lets just any creep move in this trrailor court and doesn't even do a back round check or anything...its getting really bad around here.

Should I maybe try to reason with him and come to an agreement?
Or something of the sort...either way yes there will be written documentation.

ok sorry to go on so much and once again appreciate anything you folks have to offer!!

 

[ecmst12]

Why do you think you are entitled to live there without paying? Just because he hasn't made repairs? Sorry, it doesn't work like that. You do NOT want an eviction on your record. You can start looking for an apartment now, and give your 30 days notice once you find one. But you owe rent until the day you move out.

 

[tball]

This varies by state but , if you want or need to withold rent, you need to write him a letter stating the problems and find out what the timeframe in your state is for him to respond, or fix them. If he does not respond in writing, or fix them in the timeframe, you may be able to withold rent, but you still need to proceed through the courts to do this.

And do not withold the rent without finding out what your rights are as tenant in your state, or this could be used against you.

Most all states have a comsumer website addressing these type of landlord tennant issues. Google .... lanlord-tenant-missouri.

You need to find out your rights and remedies before you do anything such as witholding rent.