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  1. #1
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    Apr 2013
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    Default Eviction in 3 Days

    My question involves an eviction in the state of: Missouri

    Came he from work today to have my wife hand me an eviction notice staying we must pay our rent which is due the 1st of the month with a late fee of $50 late fee on the 3rd of the of month and $5 per day after until paid. Our lease expired on 9/1/2012. We never signed a new lease and never verbally agreed to a new lease. Our lease also states "This lease may not be altered or extended exceptbyvwrittem agreement signed by both parties. If this lease is signed on behalf of tenants by more than one person, then the liability of the persons so signing will be joint and several."

    This to me sounds like they may not renew my lease unless both parties the landlord and tenant sign a new agreement. I'm 99% sure we are on month to monh then..am I correct?

    Anything I have found so far says the landlord must give 30 days notice to terminate anything less than one year. Am I correct?

  2. #2
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    Default Re: Eviction in 3 Days

    It would appear you are on a month to month.


    Anything I have found so far says the landlord must give 30 days notice to terminate anything less than one year. Am I correct?
    Not if you have not paid the rent. Have you?

  3. #3
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    Default Re: Eviction in 3 Days

    Quote Quoting jk
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    It would appear you are on a month to month.



    Not if you have not paid the rent. Have you?
    The rent in question is for the current month of April

  4. #4
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    Default Re: Eviction in 3 Days

    So, your point being what? If you have not paid the rent, the landlord may file an eviction action against you. Do you somehow believe he must give you 30 days notice prior to filing suit?

    If rent be not paid as agreed, landlord may recover possession, how.535.010. In all cases in which lands and tenements are or shall be rented or leased, and default shall be made in the payment of the rents at the time or times agreed upon by the parties, it shall be lawful for the landlord to dispossess the tenant and all subtenants and recover possession of the premises rented or leased, in the manner herein provided.
    (RSMo 1939 § 2993)Prior revisions: 1929 § 2606; 1919 § 6900; 1909 § 7903
    Procedure to recover possession--filing of statement--issuance of summons--procedure.535.020. Whenever any rent has become due and payable, and payment has been demanded by the landlord or the landlord's agent from the lessee or person occupying the premises, and payment thereof has not been made, the landlord or agent may file a statement, verified by affidavit, with any associate circuit judge in the county in which the property is situated, setting forth the terms on which such property was rented, and the amount of rent actually due to such landlord; that the rent has been demanded from the tenant, lessee or person occupying the premises, and that payment has not been made, and substantially describing the property rented or leased. Giving the notice provided in section 441.060 is not required prior to filing a statement or obtaining the relief provided in this chapter. In such case, the clerk of the court shall immediately issue a summons directed to such tenant or lessee and to all persons occupying the premises, by name, requiring them to appear before the judge upon a day to be therein named, and show cause why possession of the property should not be restored to the plaintiff. The landlord or agent may, in such an action for unpaid rent, join a claim for any other unpaid sums, other than property damages, regardless of how denominated or defined in the lease, to be paid by or on behalf of a tenant to a landlord for any purpose set forth in the lease; provided that such other sums shall not be considered rent for purposes of this chapter, and judgment for the landlord for recovery of such other sums shall not by itself entitle the landlord to an order for recovery of possession of the premises. The provisions of this section providing for the filing of a statement before an associate circuit judge shall not preclude adoption of a local circuit court rule providing for the centralized filing of such cases, nor the assignment of such cases to particular circuit or associate circuit judges pursuant to local circuit court rule or action by the presiding judge of the circuit. The case shall be heard and determined under the practice and procedure provided in the Missouri rules of civil procedure, except where otherwise provided by this chapter.
    based on that, he didn't even have to give you a 3 day pay or quit notice. I suggest you either pony up the money or plan on leaving.

    Of course, if the landlord accepts the rent, he can still provide notice to terminate the tenancy, which is where the more lengthy notice comes into play.

  5. #5
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    Apr 2013
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    Default Re: Eviction in 3 Days

    Quote Quoting jk
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    So, your point being what? If you have not paid the rent, the landlord may file an eviction action against you. Do you somehow believe he must give you 30 days notice prior to filing suit?
    [/INDENT]
    based on that, he didn't even have to give you a 3 day pay or quit notice. I suggest you either pony up the money or plan on leaving.

    Of course, if the landlord accepts the rent, he can still provide notice to terminate the tenancy, which is where the more lengthy notice comes into play.
    Point being our lease is no longer active so their 3 day notice should be null and void and they must then abide by state law which is give a 30 day notice for month to month renters

  6. #6
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    Default Re: Eviction in 3 Days

    You are confusing the required amount of notice to TERMINATE a month to month tenancy with the required amount of notice to BEGIN the process of eviction. There is a difference between the two.

    Your landlord is NOT attempting to terminate your tenancy at will. He is beginning the process of eviction for failure to pay rent. In order to do the latter the landlord must present the tenant with a notice to "remedy" the situation at hand (in this case, you have three days to pay the rent plus the late fees). If you fail to remedy the situation within this time period, the next step would be for the landlord to march down to the Clerk of Court office to file for the actual eviction which will then be handled through the local court system.


    Gail

  7. #7
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    Default Re: Eviction in 3 Days

    Quote Quoting Iamcombat
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    Point being our lease is no longer active so their 3 day notice should be null and void and they must then abide by state law which is give a 30 day notice for month to month renters
    either you posted before I posted the law on the situation or you chose to ignore it. It really doesn't matter because the notice you are concerned about is to terminate a tenancy. What the landlord is doing now is being more gracious than he needs be by granting you a 3 day period which to cure the lack of your payment. Either pay up or plan on moving. Terminating a tenancy is not the same as demanding payment as agreed and if not paid, evicting you.

    after going back and looking at the posting times, it is obvious you just have no intent of listening unless it is from somebody that agrees with you. You are wrong. It is that simple.

  8. #8
    Join Date
    Jan 2008
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    252

    Default Re: Eviction in 3 Days

    Read the lease carefully. Most leases will state that when the fixed term part of the lease expires, a new month to month tenancy begins...with the same terms and conditions of the original lease...only on a 30 day basis.

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