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  1. #1
    Join Date
    Jun 2011

    Default Eviction when Landlord Refused to Accept Rent

    My question involves an eviction in the state of: Missouri

    Rent was 4 days past due in my lease it states I have 10 business days from the date rent is due to pay the rent and all subsequent late fees. I have a letter stating from the apartment complex that you have until the 15th of the month to pay all rent past due + late fees for that month. All that said and done I tried to pay rent with ALL late included 4 days after rent was due (This fell on the 6th of the month) Rent plus all late fees were offered again on the 10th of the month (8 days past due) AND then on the 14th (12 days past due) One the 14th the Manager of the apartment complex stated she would not accept ANY rent and that she was suing AND acknowledged that rent had been offered multiple times to her and she had refused.

    I tried contacting her several times after this in-person and over the phone and she refused discuss anything and told me to speak to her lawyer.

    When we went to court and I disputed the eviction when we went to trial a month later she testified that I had not paid rent for March, April or May. I said this was true but that I had attempted to pay rent in march and she had stated that she would not accept any payments from me. She confirmed this to the judge.

    The judge then asked me why I had not paid any of the 3 months and I stated I was not aware that I needed to because she had stated that she would not accept any payments. The judge callled me a liar and stated that I knew better then that. I told her that I did not and that I had no issue paying for the months that I had stayed there but that she had refused to accept any money so I thought it would be handled in court by the judge and that I was capable of paying before the end of the business day. The judge stated that had I brought the money right then and there that I would have stopped the process and that I should have known that but since I had not that I was the one in the wrong.

    1 month later (June 1st) she made her judgement in the apartments favor and now I have an eviction on my credit. I have been ordered to pay all late fees (Which was counted by the apartment complex as a refusal to pay the entire month ~125 per month~ month including the one rent was attempted to be paid multiple time) court costs and attorney fees for the apartment complex

    1. Is this correct? Was I wrong for thinking the judge would order them to accept payment or allow me to make the payment that I had previously attempted to make?

    2. IF there is fault to be found in the judgement (Not saying there is or is not but on the chance anyway) is there any way to dispute it so it does not show an eviction?

    I am a single mom and have no outside assistance so I could not afford an attorney on top of that I was injured on this property and have medical bills before this incident occured. Not to mention that since the eviction is on my record no one wishes to rent to me unless they are a really horrible place.

    Thank you so much for your assistance and any and all advice that can be given in advance

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Eviction when Landlord Refused to Accept Rent

    Quote Quoting Missouri Statutes, Sec. 535.160. Tender of rent and costs on judgment date, effect -- not bar to landlord's appeal -- no stay of execution if no money judgment, exceptions.
    If the defendant, on the date any money judgment is given in any action pursuant to this chapter, either tenders to the landlord, or brings into the court where the suit is pending, all the rent then in arrears, and all the costs, further proceedings in the action shall cease and be stayed. If on any date after the date of any original trial but before any trial de novo the defendant shall satisfy such money judgment and pay all costs, any execution for possession of the subject premises shall cease and be stayed; except that the landlord shall not thereby be precluded from making application for appeal from such money judgment. If for any reason no money judgment is entered against the defendant and judgment for the plaintiff is limited only to possession of the subject premises, no stay of execution shall be had, except as provided by the provisions of section 535.110 or the rules of civil procedure or by agreement of the parties.
    You haven't indicated if the landlord requested a money judgment along with the order of eviction. If the landlord did, it would appear that full payment of the money judgment on the date that the landlord obtained the judgment would be sufficient to prevent eviction. If the landlord was merely seeking an order of eviction it appears from the statute that you would have had to tender the money no later than the time of the court hearing. You might also have been able to avoid eviction by paying the amounts due and filing for a de novo hearing, but you have not indicated that you appealed.

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