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I live in an apartment and someone else moved in my

Customer Question
I live in an...

I live in an apartment and someone else moved in my apartment and when I ask them to move out they don't vacate the place. What should I do?

Lawyer's Assistant: What state is the property located in? And has anyone consulted a local attorney about this?

Missouri

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

I don't know how to find an attorney for this dispute.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Lease is in my name. Yes there are maintenance issues

Submitted: 3 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
3/26/2018
Real Estate Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 13,435
Experience: Licensed to practice before state and federal court
Verified

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. Because I want to provide you with the most accurate answer possible, 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.

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Customer reply replied 3 months ago
Sure
Real Estate Lawyer: Legal Eagle, Lawyer replied 3 months ago

I'm sorry to hear about your situation. This sounds like you may need to begin the eviction process against the person under MO law:

The eviction process applies to all landlords and tenants and the law does not concern itself whether the agreement is in writing or whether the tenant has paid rent. Eviction procedures also apply to tenants and subtenants as well. Regardless, although a landlord will have to go through eviction procedures, the landlord must pay special attention to some important legal concepts.

Generally, a landlord must follow procedural requirements when issuing an eviction notice. This means a tenant must receive written notice of the eviction before it is effective; in most cases it is at least 30 days. In addition, a landlord’s eviction is unlawful generally if they violated the implied warranty of habitability; the implied warranty of quiet enjoyment; if the landlord has locked the tenant out; if the landlord has failed to uphold promises made in the agreement; or if the tenant has cured a problem such as past due rent. Plus, landlords cannot discriminate on the basis of race, gender, age, disability, sexual orientation, or religious affiliation under the Fair Housing Act. So, if you are going to evict, you must be very careful that you’re providing enough time and doing it for the right reasons. Regardless, if a tenant fails to pay the agreed upon rent, is at the end of their tenancy, or is not performing promises in the agreement, then you can evict.

If you click here, you can see the variety of eviction notices that are available to you depending on your situation.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 3 months ago
I am the tenant, I have disputes with sub tenant who has not yet signed the lease. How do I deal with it?
Real Estate Lawyer: Legal Eagle, Lawyer replied 3 months ago

I understand. If you have a subtenant, then the law actually considers you a landlord believe it or not. This means that you have to go through those same procedures I described above for it to be legal. Does that make sense?

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Real Estate Lawyer: Legal Eagle, Lawyer replied 3 months ago

Hi, just wanted to follow up to ensure you're 100% satisfied. Did what i put earlier make sense? What questions did you have for me about it?

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Customer reply replied 3 months ago
Are you located in Missouri? If yes, can I get an appointment?
Real Estate Lawyer: Legal Eagle, Lawyer replied 3 months ago
I wish I was, but I'm out in California. I think if you go to a local legal aid clinic they may be able to help you for free. If you don't have any other questions, would you mind providing me a 5-star rating today?
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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