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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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Forcable detainer in Missouri. Original notice was given on

Customer Question

For a forcable detainer in Missouri. Original notice was given on 7/31/15. The August rent check was cashed by owner after notice given. We went to the first hearing yesterday (9/17/15) and lost. We were told to come back to court next Tuesday. Two questions: (01) if we are totally out of the premises by the Tuesday date are we safe financially; (02) how do we get additional time to vacate?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.
  1. You will owe rent for September (from the 1st through the date that you vacated and handed the keys over to the landlord). You will owe money for any damages (less your security deposit). You will possibly owe damages for the landlord's loss of use of the property due to your holdover (these costs are less likely to be awarded, but they are possible). Also, if your lease has an "attorney's fees clause" or a "prevailing party" clause in it, you may find yourself liable for your landlord's attorney's fees in the unlawful detainer suit (you can argue that as you vacated prior to judgment, they were not technically the "prevailing party" - it is a good argument, but again, don't count on it).
  2. To get more time, keep showing up in court. Defending the unlawful detainer process all the way through to judgment (and even filing an appeal along with a motion to stay the eviction) is going to get you additional time in the unit. Forcible detainer actions are "summary proceedings" though, so even if you drag the whole thing out as long as you can, you are only buying a couple of weeks (maybe two or three months if you really drag it out).

Do contact your local bar association, most jurisdictions have legal aid to assist tenants in an eviction proceeding.

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