State Specific Question About: MISSOURI (MO)

I would like to list a property for sale in KC,MO. I bought the house when I lived there a number of years ago. When work had me relocate, the house was under water so I decided to rent after not being able to sell. The market has bounced back and I'm ready to list. I was on a month to month with the tenant and gave 60 days written notice 60+ days ago. They still have not moved out. I have posted eviction notice and filed papers with the county to evict them.

My question is, can I sue them for lost $$ because they will not move out and I cannot capitalize on the strong RE market? My RE agent has had to pass on people interested because the tenant not vacating when they were supposed to, potentially costing me thousands of $$ for not being able to sell in a competitive market.

I don't know anything about MO, but I bet that the answer is NO, you cannot sue (well, you can always sue) but you cannot hold the tenant responsible for your loss of opportunity because you think that you could have capitalized on the market if the property had been vacant.

Generally, Common Law of Real Property allows for you to be awarded Fair Market Value of the property as rent for as many days as the tenant occupied your property, usually assessed at the value of daily rent under the terminated rental agreement.

But any opportunity profit that you may have lost is probably on you.

I also would say no.

You have to be able to prove exact damages without a doubt.

"potentially costing me thousands of $$ for not being able to sell in a competitive market"

This would not qualify.

I do not think that the calculation of exact damages would be the issue in Court.

What is at issue is that, just because your tenant didn't leave when you wanted him to (remembering, that the question of his right to continue occupying the premises has not yet been finalized) would entitle you to whatever profit you think that you could made out from another opportunity. One of the aspects of having leased out property is that the tenant has some right to remain there until he voluntarily leaves or is ordered to do so by a court. Thats the nature of Common Law possession.

Another thing to consider is that, if you accept daily rent from him (with or without court order) then you will have been compensated to his continued occupation, and cannot claim more. According to Common Law, thats all that you are entitled to.

Way back in 1984, I rented a property with a "sales" clause written into the lease. I was allowed to "list" the property and show the property to potential buyers so lang as I gave 48 hours notice.

If this property sold, then the tenants had to move within 30 days of receiving notice.

The tenants were to receive a $2,000 cash bonus provided they moved out early, before escrow closed.

Then the tenants refused to move and wanted a larger bonus, like 5 grand --I filed a case in small claims court and had the tenants, Husband and Wife served at the perspective place of business. They signed a contract and now refused to abide by it. They were here in American with a term visa. My next step was to report them to immigration. They got scared and finally moved, so long as I gave them $500. I did give them their deposit and $300, the cost to move down the street.

I gave them a chance to by the the home and they refused, $110,000 was to much. They did buy the home they rented, years later for $448,000.

Can I recover legal costs from the eviction from the tenant in addition to damages/rent?

My PM was great for 5 years always took care of things but it was a side gig for him. His main job took him to AZ and when he left and the market turned I decided it was time to sell. So, I've been left to my own dealings with the tenant with no support from him. I've asked him to get involved but he hasn't really done much to help and told me to call a lawyer.

Hi KD! Welcome to the forum. As a fellow MO land lord, I have a few thoughts.

1) Hold over. When a tenant holds over past the end of the lease/rental period and you have previously complied with requirements to give notice, you are entitled to recover double the rent rate. RSMO 441.080

2) Missouri is also a "whole month" state...you rent by the month, not the day or the week. So if they stay one (1) day past the move out into the next rent period, they owe for the WHOLE PERIOD (i.e. the month), not just that one day. Keep in mind, though, that how you have pursued the matter up to this point may determine whether you can double charge or not. By having waited 2 months to initiate eviction, you may have forfeit your right to keep collecting double rent by basically "agreeing" (through lack of action to evict) to extend the lease month to month.

My suggestion is find a competent land lord/tenant attorney today and get the eviction process rolling. You might also try "cash for keys"...one-time payment when they return possession. If the person is not collectible, this gets you back into your unit to clean and re-rent ASAP and may cost you less in the long run. Good luck!

Thanks all-a lot I didn't know about. Contacting attorney today.