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Is a demand for possession and eviction notice?? Missouri,

Is a demand for...

Is a demand for possession and eviction notice??

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Missouri

Lawyer's Assistant: Has anything been filed or reported?

No nothing has been filed. Was received on 14th of last month to be out by October 2nd taped on the door.

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10/7/2017
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 8,364
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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Please forgive me. That response for another customer. one moment!

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Ok, the answer to your question is yes. If a tenant has violated the lease agreement, then they can provide a 30 day demand for possession notice. Please let me know if you have any other questions!

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Customer reply replied 4 months ago
We were in a rent to own agreement and decided the place will cost too much to fix up, reveived a demand for possession taped to the door on 9/14/17 To be out by Oct 2. Landlord stopped by just now and said if we were not out by Monday the Sheriff would escort us out, we did not receive a 30 day notice and nothing in writing other than what was taped to the door,

Ok, thanks for providing that. So, MO law says that before a lawsuit can be filed, the landlord must demand the rent from the tenant in the amount of the unpaid rent, so long as it is more than one month's worth. A demand can be made orally. The landlord should give the tenant a reasonable amount of time to pay the rent, though, depending on the circumstances. If the rent isn't paid by the time stipulated, then the party can be removed; however, the sheriff will not get involved without a court order.

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Customer reply replied 4 months ago
We were not behind on rent when this was done, verbal still need to be a month? Does Mo. law have to be written or not? Will I per today's conversation with landlord need to be out Monday as demanded by them? Does the demand for possession count as we were paying rent on time? Can they legally tape my door and have me out in 2 weeks?

Hi, let me take your questions one by one:

1. It needs to be 30 days if it is month to month. If it is for a serious lease violation, then it can be three days.

2. It does not have to be written.

3. You do not have to go anywhere because they will need a court order to force you out if you don't leave voluntarily.

4. The demand possession will not count if it is for non-payment of rent and you have been paying your rent.

5. They can have you out in two weeks, but only if it is for non-payment of rent or if it is because you seriously broke the lease (e.g. you did something illegal).

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Customer reply replied 4 months ago
Our rent to own agreement was up at the end of July at this time we do not have an agreement with them. Does this change things?

I understand. Currently you're a month to month tenant, which means that they have to provide you 30 days notice if they want to evict. If you're paid up on your rent, the only way that they could evict you less than that is if you did something horrible to break your agreement (e.g. cook meth on the property). The sheriff will not enforce an eviction without a court order.

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