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Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 102356
Experience:  Attorney
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My family and I have been renting a home .4 years and

Customer Question

My family and I have been renting a home for 3.4 years and after the 1 year lease ended, we have been living on the property without a lease The owner has always been aware that we did not want to sign another lease because we are trying to find a home to buy and has allowed us to rent without one. Now she is demanding we sign another 1 year lease and when I declined she asked us to vacate the property within the next 30 days (July 31, 2015).
I also informed her I was having a hysterectomy on July 2, 2015 and will be recovering for 6 weeks and will limited to my mobility and requested she extend the vacate another 30 days. She declined and said we still have to vacate July 31, 2015. We have always paid our rent on time except twice due to financial hardship and always kept her in the loop on exactly when she would receive the rent and late fees.
Can she force us to vacate the property that quickly and what can I do to get more time so I can recover without the stress of moving?
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  Ely replied 2 years ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; (B) If you receive a phone call offer while we chat, know that this is an automated test feature the site is running. Due to possible ethical issues, the site allows experts not participate in phone calls and I normally decline them. Unless the phone call offer you receive literally states "THIS OFFER IS FROM ELY" (which means I personally initiated it), please do not entertain any such offer; and (C) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
I am sorry to hear about this situation. On this website, I do not always get to give good news, and this is one of these times. I understand that hearing things less than optimal is not easy, and I empathize. Thanks in advance for not "shooting the messenger."
Nothing in Missouri law allows a tenant to get more time on the property by force for medical reasons. This simply does not exist under Missouri's Chapter Chapter 535 (Landlord-Tenant Actions) et seq.
As since someone in your situation is living on a month by month lease, then the landlord can indeed ask the tenant to relocate by giving them a 30 days notice. If the tenant does not, the landlord may file for an eviction, the hearing of which is heard no later than 21 days after being served with the summons.
After an eviction judgement is issued, the tenant has a 10 day appeal window.
So technically, one has 30 days notice + 21 days summons (at best) + 10 days of appeal time; so about 1.5 to 2 months total time left if the landlord is set on evicting you. Now, one can appeal but a bond may be required, and/or, it may cost a few hundred dollars just to file an appeal, so that makes it impractical.
I am sorry to say there is no more time due to the medical condition alone.
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