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Case Information
Filed
2024-11-12
Type
Ac Rent And Possession
Docket
37 entries
Disposition
tried by court-civil
Parties
Plaintiff
Gordon, Anthony|Mcmillen, Joseph Allen
Defendant
Iniguez, Robert|Iniguez, Haley|Doe, John|Doe, Jane
Lawyers
Docket Entries
- Writ of Possession Order Document ID: 24-WRIT-33, for INIGUEZ, ROBERT ET AL
- Certificate of Delivery Writ hand delivered to Sheriff of Hickory County
- Certificate of Mailing Copy of Judgment mailed to Defendants at address on file
- Judgment Entered
- Judgment Entered
- Judgment Entered
- Judgment Entered
- Judge/Clerk - Note This matter arises under Chapter 535 RSMo., governing Rent and Possession actions. Rent and Possession is a summary proceeding intended for the expedient resolution of disputes within its scope, allowing landlords to reclaim possession of property promptly when tenants fail to pay rent. Chapter 535 requires proof of two elements: (1) that the tenants failed to pay rent, and (2) that the landlord made a demand for payment of rent. Notice to vacate is not required prior to filing a Rent and Possession action under Chapter 535 RSMo., but making a demand for payment of past-due rent is required. The Court finds that the tenants ceased paying rent in August 2024 and continued to occupy the premises through the date of trial. The landlord testified that he served notice on the tenants in October 2024, a fact which is in dispute. However, it is undisputed that the tenants were served on November 12, 2024, as evidenced by the Court's file, and as of December 11, 2024, the tenants have not offered payment of the past-due rent. The rental amount was $800.00 per month. The landlord testified that a partial payment of $500.00 was made in August, leaving $300.00 unpaid for that month. Thereafter, no payments were made for September, October, November, or December. Thus, the total rent due is $3,500.00. The tenants raised the issue of a breach of the implied warranty of habitability. However, the Court finds that a breach of the implied warranty of habitability is an affirmative defense that must be pled by the tenant. The tenants also requested to offset damages by improvements made to the property. However, no evidence was provided to support any offset, and no such provision exists in the lease agreement. In Rent and Possession actions, the landlord may recover attorney and late fees if the rental agreement provides for such recovery. The parties were unable to submit a copy of the full rental agreement. The Court found no provision for attorney or late fees in the documents submitted, accordingly the Court awarded neither. Total damages awarded: Rent due: $3,500.00, Court costs: $48.50, Service fee: $75.00, Total: $3,623.50. Judgment is entered in favor of the petitioner for possession of the premises and monetary damages in the amount of $3,623.50. JAH
- Tried by Court-Civil
- Filing: lease agreement filing
- Judge/Clerk - Note Plaintiff appears in person with attorney McMillen. Defendant Robert and Haley Iniguez appear in person. Trial held. Case taken under advisement. Record left open for parties to submit full terms of rental/lease agreement. Defendant to email full agreement to Plaintiff's counsel by 12:00 p.m. December 12th, 2024. If Plaintiff agrees this is a full accurate copy of the rental/lease agreement they are to file same with the Court by close of buisness on Friday. JAH
- Cause Taken Under Advisement
- Sound Recording Log Sheet
- Court Trial Held Associated Entries: 11/27/2024 - Court Trial Scheduled Scheduled For: 12/11/2024; 10:00 AM; JAMES ANDREW HACKETT; Hickory
- Court Trial Scheduled Associated Entries: 12/11/2024 - Court Trial Held Scheduled For: 12/11/2024; 10:00 AM; JAMES ANDREW HACKETT; Hickory
- Hearing Held Associated Entries: 11/12/2024 - Civil Setting Scheduled Scheduled For: 11/27/2024; 9:00 AM; JAMES ANDREW HACKETT; Hickory
- Judge/Clerk - Note Plaintiff appears by attorney McMillen. Defendants appear in R Iniguez and H. Iniguez appear in person. Case set for trial on December 11th, 2024 at 10:00 a.m. JAH
- Family Member/Roommate Served Document ID - 24-SMLT-251; Served To - DOE, JANE; Served Date - 11/12/2024; Served Time - 19:00:00; Service Type - SP; Reason Description - SERV; Service Text -served to Haley Iniguez
- Family Member/Roommate Served Document ID - 24-SMLT-252; Served To - DOE, JOHN; Served Date - 11/12/2024; Served Time - 19:00:00; Service Type - SP; Reason Description - SERV; Service Text -served to Haley Iniguez
- Summons Personally Served Document ID - 24-SMLT-253; Served To - INIGUEZ, HALEY; Served Date - 11/12/2024; Served Time - 19:00:00; Service Type - SP; Reason Description - SERV; Service Text -
- Family Member/Roommate Served Document ID - 24-SMLT-254; Served To - INIGUEZ, ROBERT; Served Date - 11/12/2024; Served Time - 19:00:00; Service Type - SP; Reason Description - SERV; Service Text -
- Certificate of Service Return Service JND. Filed By: JOSEPH ALLEN MCMILLEN On Behalf Of: ANTHONY GORDON
- Certificate of Service Return Service JHD. Filed By: JOSEPH ALLEN MCMILLEN On Behalf Of: ANTHONY GORDON
- Certificate of Service Return Service HI. Filed By: JOSEPH ALLEN MCMILLEN On Behalf Of: ANTHONY GORDON
- Certificate of Service Return Service RI. Filed By: JOSEPH ALLEN MCMILLEN On Behalf Of: ANTHONY GORDON
- Summons Issued-Landlord/Tenant Document ID: 24-SMLT-254, for INIGUEZ, ROBERT
- Summons Issued-Landlord/Tenant Document ID: 24-SMLT-253, for INIGUEZ, HALEY
- Summons Issued-Landlord/Tenant Document ID: 24-SMLT-252, for DOE, JOHN
- Summons Issued-Landlord/Tenant Document ID: 24-SMLT-251, for DOE, JANE
- Order - Special Process Server
- Civil Setting Scheduled Associated Entries: 11/27/2024 - Hearing Held Scheduled For: 11/27/2024; 9:00 AM; JAMES ANDREW HACKETT; Hickory
- Filing Info Sheet eFiling Filed By: JOSEPH ALLEN MCMILLEN
- Note to Clerk eFiling Filed By: JOSEPH ALLEN MCMILLEN
- Proposed Order Filed Order Appointing Special Process Server. Filed By: JOSEPH ALLEN MCMILLEN On Behalf Of: ANTHONY GORDON
- Motion Special Process Server Motion for Appointment of Special Process Server. Filed By: JOSEPH ALLEN MCMILLEN On Behalf Of: ANTHONY GORDON
- CRIFS/Unredacted Document Confidential Filing Information Sheet in associated to Circuit Court filed on 11/12/2024. Filed By: JOSEPH ALLEN MCMILLEN On Behalf Of: ANTHONY GORDON Associated Entries: 11/12/2024 - Pet Filed in Associate Ct +
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