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-   -   Ask a Missouri attorney about renters rights (https://www.askmehelpdesk.com/showthread.php?t=684186)

  • Jul 18, 2012, 08:00 AM
    momike77
    Ask a Missouri attorney about renters rights
    I have rented for 2 years. In March of 2012 my Landlord filed bankruptcy and included the home in which I live. My lease expired April 30 and I am still leaving in the home rent free with the blessing of my landlord who says "stay as long as you can". My landlord received notice that the home in which I still reside will be sold on the courthouse steps on August 8,2012. My question is without a lease or contract agreement what rights ,if any do I have as an occupant of this house and how quickly will Missouri law allow me to be evicted or locked out? Is there a certain process that must be followed even though I have no lease or the new owner will have no obligation or even knowledge that I occupy the home?

    Thank you
  • Jul 18, 2012, 08:38 AM
    smoothy
    Quote:

    Originally Posted by momike77 View Post
    I have rented for 2 years. In March of 2012 my Landlord filed bankruptcy and included the home in which I live. My lease expired April 30 and I am still leaving in the home rent free with the blessing of my landlord who says "stay as long as you can". My landlord received notice that the home in which i still reside will be sold on the courthouse steps on August 8,2012. My question is without a lease or contract agreement what rights ,if any do I have as an occupant of this house and how quickly will Missouri law allow me to be evicted or locked out? Is there a certain process that must be followed even though I have no lease or the new owner will have no obligation or even knowledge that I occupy the home?

    Thank you

    30 days after being properly notified... you are legally considered month to month in the absence of a current lease.
  • Jul 18, 2012, 04:19 PM
    AK lawyer
    Few of us are Missouri attorneys, so I'm curious what the title of this thread is all about.

    It is unclear whether this is a foreclosure. If so, federal law gives you the right to a 90-day notice after the foreclosure sale. Read this thread.
  • Jul 18, 2012, 05:13 PM
    ScottGem
    As noted, Federal law overrides MO law and a foreclosure requires 90 days notice. Being "sold on the courthouse steps" implies a foreclosure.
  • Jul 18, 2012, 05:17 PM
    Fr_Chuck
    But for those 90 days after foreclosure you have to pay the rent to the new owner, if you don't, they can evict for non payment
  • Jul 18, 2012, 05:41 PM
    AK lawyer
    Quote:

    Originally Posted by ScottGem View Post
    ... Being "sold on the courthouse steps" implies a foreclosure.

    Could be an execution sale, or, since a bankruptcy is involved, the trustee might be selling the property, I suppose.
  • Jul 18, 2012, 05:45 PM
    AK lawyer
    Quote:

    Originally Posted by Fr_Chuck View Post
    But for those 90 days after foreclosure you have to pay the rent to the new owner, if you don't, they can evict for non payment

    After 90 days they can. If you read the Protecting Tenants at Foreclosure Act, strangely, I don't think you will find any requirement of rent payment during the 90 days.

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