Missouri Wrongful Eviction Laws

Summary

The user is facing a wrongful eviction in Missouri. The landlord has given a 10-day notice to comply or vacate, stating that the user is illegally occupying a unit. The user believes they were not given the correct notice and should have the opportunity to correct the violation. The user has established tenancy by receiving mail at the address, paying bills, and providing caregiving services to the leaseholder. The user also has witnesses and proof of continuous residence.

Full Conversation

I live in Missouri and am facing a wrongful eviction
What is the reason your landlord has given for the eviction? In Missouri, landlords must provide a valid reason for eviction, such as non-payment of rent or violation of lease terms.
I moved in with someone in june of * but my name is not on the lease but by Missouri law I am legally a tenant
Did you receive any written notice from your landlord regarding the eviction? In Missouri, landlords must provide a written notice before eviction.
They tried to kick me out without an eviction
Did you receive any written notice from your landlord regarding the eviction? In Missouri, landlords must provide a written notice before eviction.
The police told them they couldn't do it
What was the reason the police gave to your landlord for not being able to evict you?
They have since put a * notice to comply or vacate on my door
What is the specific issue or violation mentioned in the *-day notice to comply or vacate?
Because legally I am a tenant because I have received my mail there for over a year and have paid bills
What specific violation did your landlord mention in the *-day notice to comply or vacate?
It says that I violated the lease because I am occupying a unit in their community
What is the exact wording of the lease violation mentioned in the notice?

In Michigan, a landlord can evict a tenant for violating the lease terms, but they must provide a written notice.
I feel like I was not even given the correct notice
What specific details were mentioned in the notice that makes you believe it was incorrect?
Well its a comply or vacate so it indicates that I am able to correct the violation right
Yes, a "Comply or Vacate" notice typically means you have a chance to correct the violation. What specific violation does the notice ask you to correct?
The paper was not even delivered by a person but taped to the door
What specific violation was mentioned in the notice that was taped to your door?
It says your non compliance is described as...you are illegally occupying a unit in our community. You will be evicted immediately through tge courts if you do not leave
What steps have you taken since receiving this notice?
I haven't done anything as I am looking for legal guidance
What is the date on the notice you received?
Ok I received the notice Monday the 25th however the date they put on the form is the 21st
What is the date by which you are supposed to correct the violation or vacate the premises according to the notice?
It doesn't give a actual date
What is the standard notice period for eviction in your lease agreement?
I don't know
What is the standard notice period for eviction according to Missouri law?
Well it depends on what type of eviction it is
What type of eviction does your notice fall under according to Missouri law?
In my opinion it would be a 30 day notice before they would legally be able to file the eviction
What makes you believe that your situation requires a *-day notice period?
And that would be for not having a lease
What steps have you taken to establish your tenancy in the absence of a lease?

In Michigan, establishing tenancy can be done through proof of regular rent payments, receiving mail at the address, or other evidence of continuous residence.
Im in Missouri
What proof do you have of your continuous residence at this property?
My mail number one
What other proofs of residence do you have apart from mail? In Missouri, evidence like utility bills, rent receipts, or a statement from someone who knows your living situation can also help establish tenancy.
I have paid bills to help maintain the apartment
What type of bills have you paid? This could serve as additional proof of your tenancy.
I also helped care for the woman whose name the lease is in when she lived here
What type of care did you provide for the woman whose name is on the lease?
Electric, internet, food costs
What proof do you have of these payments? Receipts or bank statements can be useful in establishing your tenancy.
My bank account
What specific transactions related to this residence can be traced back to your bank account?
Caregiving
What type of caregiving services did you provide and do you have any documentation or proof of these services?
Basic needs for daily living
Do you have any written agreements or records that show you provided caregiving services to the leaseholder?
Well I had applied with a service at one point to officially do the caregiving but it never got completed
Do you have any documentation or correspondence related to this application for official caregiving? This could potentially serve as additional evidence of your residence and role in the household.
Yes The office was aware I was taking care of her
What kind of documentation or proof do you have that the office was aware of your caregiving role?
Unfortunately I think it was mostly verbally that is was communicated
Do you have any witnesses who can confirm your verbal communication with the office about your caregiving role?
But I am not certain
What is the name and contact information of the person or office you communicated with about your caregiving role?
The office Manager her name is nicholle cunady
What is the contact information for Nicholle Cunady, the office manager?
Greenleaf apartments
What is the address of Greenleaf Apartments where you reside?
* E 12th st kcmo *
What is the contact number or email for Nicholle Cunady or Greenleaf Apartments?
*-*-*
What steps have you taken since receiving the eviction notice?
I haven't done anything because I have been trying to get legal help and didnt want to do anything wrong
What is the exact date you moved into the apartment? This information can help establish your tenancy. In Missouri, a tenant without a lease is considered a month-to-month tenant and must be given a *-day notice to vacate.
It was the beginning of June *
What is the exact date you received the "Comply or Vacate" notice?
Do you need an exact date
Yes, the exact date can help determine if the notice period given by your landlord is legally sufficient.
But like I said they dated it the 21st
What is the violation they are asking you to correct in the notice?
They didnt ask me to correct anything
What steps have you taken to establish your tenancy in the absence of a lease?
I told you
What other evidence do you have to prove your continuous residence at this property apart from mail and bill payments?
Like what else could I show to prove it
Do you have any photographs, personal belongings, or witnesses that can confirm your continuous residence at the property? These can also serve as evidence.
Yes actually when the police were here they had asked about my bedroom
What was the reason for the police's visit and do you have any documentation from their visit that could help establish your residence?
And if those were my personal items and bed
What was the police's response when they saw your personal items and bed? In Michigan, evidence of personal belongings in the residence can help establish tenancy.
They said it proved that I was a established resident
What is the name of the police department that visited your residence? This could be useful if you need to request a copy of the police report for your case.
Im in Missouri not Michigan
What is the name and contact information of the police department that visited your residence?
I would have to look it up. The apartment workers called them they day they tried to remove me
What is the name of the police department that visited your property? This information could be useful if you need to request a police report to establish your residency.
They had been threatening me
Who has been threatening you and what kind of threats have they made?
Saying I was going to be arrested and put in jail
Who threatened you with arrest and jail? Was it your landlord or someone else? In Michigan, it's illegal to threaten a tenant with arrest or jail as a means of eviction.
They weren't going to allow me to take any of my personal property and stated it was actually theirs and it would all be thrown away
Who specifically told you that you couldn't take your personal property and that it was theirs?
I notice was put on my door the 25th
What is the violation mentioned in the "Comply or Vacate" notice?
They went through my things and wouldn't stop when I asked them to
Who specifically went through your things without your consent?
The apartment staff
What specific actions did the apartment staff take when they went through your things?
The office manager and a maintenance man
The office lady, the manager and a maintenance man went through my personal belongings
What specific items did they go through and did they take anything from your belongings?
Just items in my apartment my personal belongings
What specific personal belongings did they go through, and do you have any proof or witnesses of this incident?
And actually yes things are missing. The woman whose name is on the lease came in the apartment that afternoon when I was gone with the apartment staff
What items are missing from your apartment?
And my kitten was stolen and a phone
What proof do you have that your kitten and phone were stolen?
I dont care about the phone but I have been devastated about my cat
I'm sorry to hear about your cat. Do you have any proof or witnesses that your kitten was taken from your apartment?
Well my cat was missing when I got back to the apartment. And someone has told me that the woman had taken it
Who told you that the woman took your cat? Do you have any proof or witnesses to this claim?
Her son
Does her son have any proof or was he present when the kitten was allegedly taken?
Well he has seen the cat at the house he resides at with his mom
What is the name of the woman's son who informed you about your cat?
Andrew Cihak
What is Andrew Cihak's contact information?
I need to look in my contacts for his number will that disconnect our chat
Its *-*-*
His phone number is *-*-*
What actions did Andrew Cihak witness regarding the removal of your kitten from the apartment?
He was not a witness to it but has been told by one of the individuals that was with the lady who has the lease that they took it
Who is the individual that told Andrew Cihak about the incident with your kitten?
Plus he has seen the kitten in his house
Who is the individual that Andrew Cihak saw with the kitten in his house?
Its a friend of theirs his name is ashley
What is Ashley's full name and contact information?
I need to find it give me a minute please
Sure, take your time. While you're looking for that, could you tell me if you have any written communication or evidence about your eviction?
His cell number is *-*-*
What is Ashley's full name and his relationship to the woman on the lease?
I need to look for his last name now
What is the full name of the woman whose name is on the lease?
Ok his full name is Ashlee Baldridge
What is the relationship between Ashlee Baldridge and the woman whose name is on the lease?
Her name is Martha Cihak
What is the relationship between Martha Cihak and Ashlee Baldridge?
She is living at Ashlees house, she rents a room there
What is the address of Ashlee's house where Martha Cihak is currently residing?
It is * Huttig ave, independence MO
What is the contact information for Martha Cihak?
One moment while I get her phone number
What is the relationship between you and Martha Cihak?
*-*-*
What is the nature of your relationship with Martha Cihak?
My boyfriend and I are good friends with her son Andrew
What is the nature of the lease violation that your landlord is claiming?
That I am illegally occupying the unit
That I am illegally occupying the apartment
That I dont legally live here
No
What is the specific violation mentioned in the eviction notice?
Illegally occupying the apartment
No
Help
Talk to agent
Need assistance
What specific violation did your landlord mention in the *-day notice to comply or vacate?
Illegally occupying the apartment