Legal Question in Real Estate Law in Missouri

I submitted and recieved your reply on lawguru and realized I wasn't very detailed in the question. However, thank you for your answer. I'll explained it a bit more clearly here, the landlord harassed me by screaming at me that I cannot live there while I was trying to move back in after my subleasor left, and then making my friends leave the office when I tried to reason it out with her and then telling me over and over that neither me, my roommate, or subleasor will recieve any of our deposits back. Then she checked me out without me being there (I found out when one of the maintenace guys said "Your kicked out, you're not allowed here" when I was put out the day I went to the apartment with intentions to finish cleaning the place the day after she kicked me out). Basically she evicted me with no real reason and then plan on robbing us of our deposits (although the apartment was not damaged in any way) without giving me a chance to clean or take out the rest of my stuff (one of my roommate's possession was thrown away) and probably planning on charging us for (in my opinion) unnecessary painting and cleaning done by contracted services. It was a pity we didn't take pictures right when we were basically done cleaning the whole place, but we did talk to the cleaning company that was there, and one person did admit that it was pretty clean to begin with (because I did most of the cleaning the same day I moved which was the day before).

Basically, she claims I can no longer live there after subleasing it off, although we have the subleasing contract and it ended on (April 30). Our only faults was that the subleasor forgot to check out with her (he was going back home) and I didn't see anywhere in that contract that I would have to check back in with her so I did not check back in, but it does say that I would resume the lease after (April 30) on the sublease contract. So on the day I was moving back in, she stormed over and threatened to call the police while yelling that I could not move back in. Another thing to mention was that I had a friend who needed somewhere to stay for the night, so I did let him stay the night before-- I've read over our entire lease contract and he can be there because he is my guest. She is claiming that I am illegally moving in & that I am letting other people stay at my apartment.. but reading over my contract, I have not done anything wrong (as a matter of fact, it is she that is breaching the contract) as I have every right to live there and still have 2 months left on the contract. She was putting me out and now trying to use this against me. She claims I defaulted and broke the contract although it is her who forced me out before the lease ended. Most people I've talked to agree with me that what she has done is absolutely illegal and she may be taking advantage of me because my English may not be the best (I'm a Chinese international student & so is my roommate).

I was forced out with nowhere to go and had to find another place and move all of our things out in one night. I would like to know what steps I can take, and how I can defend myself. I know the situation is pretty complicated but I'm 100% sure that I hadn't done anything to deserve or give her the right to do this to me. I've contacted our Asian Affairs Center on campus but I'd like to know if you have any more suggestions? Also what are the chances I have to winning if I sue her? (As a note: This apartment manager has had a bad reputation on her behavior and attitude and most deposits aren't given back. I feel very wronged and am determined to get my rights back)

Thanks again,

Hanyu


Asked on 6/01/10, 11:02 pm

1 Answer from Attorneys

Sean Santoro Santoro Law Office

You have the right to sue your landlord in the Circuit Court of the county where the real estate is located. In Missouri, you have a right to notice before being evicted in these circumstances. You have the right to argue before a judge that your eviction is wrong. You also have a right to have your deposit returned, or to receive an itemized statement if the deposit was applied to damages. Your landlord did not comply with the law.

Under Revised Statutes of Missouri (RSMo) 441.233.1, your landlord may be liable for damages for forcible entry and detainer. Under RSMo 535.300.1, you can demand up to twice the amount of deposit wrongfully withheld. If you are going to do this yourself, check with the Circuit Court Clerk to be sure you are in compliance with local rules. Good luck.

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Answered on 6/02/10, 7:23 am


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