Legal Question in Landlord & Tenant Law in Missouri

Rent

I have received a letter to go to court for back rent. I have the back rent money to pay. But the office will not take it what do i do. She says i owe a thousand dollars plus attorney fees is this legal.


Asked on 2/11/09, 1:28 pm

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Rent

If you have been sued for rent and possession then tendering the full amount of the back rent on the court date stops the process. Under 535.040 RSMO, if you appear in court on the court date and tender the full amount of the back rent as well as the court courts (usually around $125), then the court cannot issue a judgment. If you do not have a two weeks before the court date, bring the back rent with you to court along with the extra money for court costs. Tender the money to judge (this is what the statute requires), and ask him to dismiss the case under Chapter 535. He should do that.

If you have a week or two before the court date, send a certified letter to the landlord (return receipt requested) with the check or money order for the rent. If the landlord signs for the letter, you have proof that he got the rent tendered to him before the court date. You can then volunteer in court to pay any outstanding court costs. This should divest the court of jurisdiction and you should be free to remain in possession.

If you do not have money for a lawyer, I would call Legal Aid and ask for assistance in this regard. It is possible you've been sued for Unlawful Detainer. I can't tell from your post. So the best thing for you to do is get a legal opinion from a local attorney.

Good luck. FOr more information, see here: http://www.moga.mo.gov/statutes/chapters/chap535.htm

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Answered on 2/11/09, 3:11 pm


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