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I just put first months rent on a rental property. Now, the…

Customer Question
Hi!, I just put...

Hi!, I just put first months rent on a rental property. Now, the couple owning it are separating and the husband is refusing to let me rent the home. Both names are ***** ***** deed. Do I have any legal rights to stay there? HOw can I protect my ability to stay?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No

Lawyer's Assistant: Where is the home located?

Missouri

Submitted: 1 month ago.Category: Landlord-Tenant
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Answered in 18 minutes by:
3/17/2018
Lawyer: barristerinky, Attorney replied 1 month ago
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 41,142
Experience: Attorney over 17 years, landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Do you have keys to the property?

.

Has the one spouse set up a time to give them to you?

.

Is the place empty or are they supposed to be vacating it so you can move in?

.

.

thanks

Barrister

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Customer reply replied 1 month ago
The house is empty. They were renting it to someone else who vacated the property in January. I do not yet have the key in hand. I paid rent for March and due to an injury haven't been able to get to town yet to get the keys. She set up the time as the minute I got to town.
Customer reply replied 1 month ago
I had a bed being delivered next week.
Lawyer: barristerinky, Attorney replied 1 month ago

Ok, so either owner has the legal authority to rent the property and if the wife rented to you, as soon as you get keys, you are good to do. If the husband has a problem with it, he can take it up in court with the wife.

.

You have a valid lease contract and have the legal right to move in as of the start date of the lease.. So I would suggest getting keys as soon as possible.

.

As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

.

.

thanks

Barrister

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Customer reply replied 1 month ago
if she mails me keys and I have them on hand then they have to fight it out in court and I can stay there until the court deems what to do?
Customer reply replied 1 month ago
which might take at least how many months at minimum guess?
Lawyer: barristerinky, Attorney replied 1 month ago

So if she mails me keys and I have them on hand then they have to fight it out in court and I can stay there until the court deems what to do?

.

Correct, you have a valid lease contract for however long you leased the property for. If the husband wants to sue the wife for renting the place out, that is up to him, but that doesn't affect your rights to stay there until your lease is up..

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Customer reply replied 1 month ago
shit, she hastily refunded my payment I made three weeks ago. Do I still have standing?
Lawyer: barristerinky, Attorney replied 1 month ago

If she won't give you keys and you have a signed copy of the lease, then your recourse now would be to sue her for breach of contract for whatever damages you incur due to the breach...like putting your stuff in storage, having to stay in a hotel until you find a new place... any increased costs if the new comparable place is more expensive, etc..

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Lawyer: barristerinky, Attorney replied 1 month ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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Category: Landlord-Tenant
Satisfied Customers: 41,142
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Experience: Attorney over 17 years, landlord 26 years

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