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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Showing 21–40 of 60 results

Wood v. Gabler, 70 S.W.2d 110 (1934)

Wood v. Gabler, 70 S.W.2d 110 (1934) Missouri state

...as constructive eviction in a tenancy from month to month, and that such a tenant who becomes dissatisfied with the condition of the premises has but one remedy and that is to give his landlord thirty days’ notice, and vacate...

Section 535

Investors Alliance, LLC, Plaintiff/Respondent v. Inez Bordeaux (2014) Missouri state

...the notice as set forth in Section 535.081 RSMo. is that the tenant may not know to whom to 2 Before the trial de novo hearing, the sheriff executed an order of eviction and Defendant was evicted from the...

Murphy v. Century Building Co., 90 Mo. App. 621 (1901)

Murphy v. Century Building Co., 90 Mo. App. 621 (1901) Missouri state

...he may be rightly evicted therefor. But it does not follow that the landlord may constitute himself judge and jury, decide the contract has been broken, declare a forfeiture and summarily eject the tenant without notice or a hearing. Due...

Duvall v. Stokes, 270 S.W.2d 419 (1954)

Duvall v. Stokes, 270 S.W.2d 419 (1954) Missouri state

Notice to Court and Landlord. This Certificate shall not be effective to authorize the eviction of the Tenant herein named under the Rent Regulations for any purpose other .than that stated above. * * * If the Landlord fails to observe the provisions...

Wilson v. Kavanaugh, 941 S.W.2d 605 (1997)

Wilson v. Kavanaugh, 941 S.W.2d 605 (1997) Missouri state

...thirty-day statutory notice to terminate the tenancy until May 30, notifying tenant to vacate on or before June 30. See § 441.060. Thus, the trial court did not err in finding that landlords wrongfully evicted tenant on May 5...

O'Bar v. Nickels, 698 S.W.2d 950 (1985)

O'Bar v. Nickels, 698 S.W.2d 950 (1985) Missouri state

...s witnesses, were in the plaintiff’s apartment so as to determine whether plaintiff’s apartment was getting sufficient *955heat; the evidence proved a constructive eviction on part of the defendant landlord and termination of the tenancy without proper notice.”

Hoffman v. Estate of Siler, 306 S.W.3d 584 (2010)

Hoffman v. Estate of Siler, 306 S.W.3d 584 (2010) Missouri state

The Hoffmans filed a petition against the estate alleging unlawful eviction. The Hoffmans alleged that they were year-to-year tenants and, pursuant to section 441.050 RSMo, entitled to sixty days’ notice before termination of their tenancy. The Hoffmans...

Hoffman v. Estate of Siler, 306 S.W.3d 584 (2010)

Hoffman v. Estate of Siler, 306 S.W.3d 584 (2010) Missouri state

...in favor of Ronald and Randy Hoffman on their wrongful eviction claim. Jones says the court erred in finding that the Hoffmans were year-to-year tenants and, thus, entitled to sixty *586 days’ notice under section 441.050 1

R & J RHODES, LLC v. Finney, 231 S.W.3d 183 (2007)

R & J RHODES, LLC v. Finney, 231 S.W.3d 183 (2007) Missouri state

...In the face of its prior notices and actions, Appellant’s claim that it “permitted” the lessees to remove their personal property in accordance with the lease rings hollow. Thus, the record supports a finding that that Appellant constructively evicted...

St. Louis Housing Authority v. Thompson, 657 S.W.2d 390 (1983)

St. Louis Housing Authority v. Thompson, 657 S.W.2d 390 (1983) Missouri state

...supply a written notice terminating the lease including “a full statement of the reason for the action.” The policy behind this clause is to give the tenant notice of the reason or reasons for the eviction and for an opportunity...

Thomsen v. Mill, 248 S.W.2d 6 (1952)

Thomsen v. Mill, 248 S.W.2d 6 (1952) Missouri state

...It was further alleged that defendant, at the time knew the statements in the "notices" were false and designed to obtain a wrongful eviction; that plaintiffs relied on the "notices" and vacated; that defendant had never occupied the premises as...

Hoffman v. Estate of Siler, 306 S.W.3d 584 (2010)

Hoffman v. Estate of Siler, 306 S.W.3d 584 (2010) Missouri state

...The court found that the Hoffmans “were wrongfully evicted from the property without the proper [sixty days’] notice as provided in Section 441.050.” The court further found that the evidence showed that they “were year to year tenant farmers...

Housing Authority of St. Louis County v. Lovejoy, 731 S.W.2d 510 (1987)

Housing Authority of St. Louis County v. Lovejoy, 731 S.W.2d 510 (1987) Missouri state

...In the motion, he alleged that Housing Authority failed to plead compliance with federal regulations which require notice and a hearing prior to instituting an eviction action in state court.1 Defendant argues that such a pleading is an essential...

Hurwitz v. Kohm, 594 S.W.2d 643 (1980)

Hurwitz v. Kohm, 594 S.W.2d 643 (1980) Missouri state

...It is appellant’s contention that in evicting him from the leased office with no notice to him of their intentions in doing so respondents chose option (3), and reentered the premises and attempted to relet in their own name...

Roman v. King, 233 S.W. 161 (1921)

Roman v. King, 233 S.W. 161 (1921) Missouri state

...We have already noticed the effect of failure to maintain the facilities for safe entrance upon and exit from the premises as a method of wrongful eviction, as was so plainly suggested by defendant in his testimony. This has made...

Leet v. Gratz, 92 Mo. App. 422 (1902)

Leet v. Gratz, 92 Mo. App. 422 (1902) Missouri state

...as it was competent against him to sbow an eviction. Certainly, if a vendee when sued chooses neither to make his warrantor a co-defendant nor deliver him a notice to defend, he is in no position to say the...

Sansone Group DDR LLC v. Wilma Pennington-Thurman (2020)

Sansone Group DDR LLC v. Wilma Pennington-Thurman (2020) Missouri state

...The August 14 order denying the Rule 74.06(b) motion that Tenant cites in her Notice of Appeal as the judgment being appealed from and the August 6 “eviction order” she challenges in her brief are not judgments. See...

O'Bar v. Nickels, 698 S.W.2d 950 (1985)

O'Bar v. Nickels, 698 S.W.2d 950 (1985) Missouri state

We fail to see how the absence of such notice compelled a judgment for plaintiff in the circumstances here. Assuming, without deciding, that defendant could not have obtained plaintiff’s eviction through the judicial process absent proper notice, the point...

Bedell v. Daugherty, 242 S.W.2d 572 (1951)

Bedell v. Daugherty, 242 S.W.2d 572 (1951) Missouri state

...326, 94 NE 2d 568.) In the following cases, the landlord did not procure the issuance of the certificate and his representations as to intended use were made in his written notice to vacate. Behrendt v. Rassmussen, supra; Kilroy v...

Yaffe v. American Fixture, Inc., 345 S.W.2d 195 (1961)

Yaffe v. American Fixture, Inc., 345 S.W.2d 195 (1961) Missouri state

...We certainly cannot hold as a matter of law that defendant lost its right to 'terminate the lease because of a constructive eviction, because, after this notice was given and after defendant had made arrangements to move, plaintiff ordered repairs...