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Photo of Missouri Unified County

Court

Missouri Unified County

Missouri

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Case Information

Filed 2022-08-30
Type Ac Rent And Possession
Docket 19 entries
Disposition tried by court-civil

Parties

Plaintiff St Charles Mhp Land Llc|Martin, Stephen A|Fondren, Daid Reese
Defendant Lees, Jennifer
Photo of Hon. Steimel Norman C Iii

Judge

Hon. Steimel Norman C Iii

St. Charles County (MO)

Missouri

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Lawyers

Docket Entries

  2. Note to Clerk eFiling
  3. Return Service-Writ Non-Est SD-PST-22-0390; Electronic Filing Certificate of Service. ON 11-15-22 EVICTION CANCELLED PER PLAINTIFF.
  4. Judge/Clerk - Note REFUND OF $89.00 ISSUED TO ATTY S MARTIN AS FOR SERVICE FEE. PLEASE PAY SHERIFF DIRECTLY FOR SERVICE
  5. Writ of Possession Order RENT AND POSSESSION EXECUTION ISSUED AS PER MEMORANDUM. NCS
  6. Writ Requested Rent and possession execution and order. SENT TO DIV CLERK FOR JUDGES SIGNATURE. TMV Filed By: STEPHEN A MARTIN On Behalf Of: ST CHARLES MHP LAND LLC
  7. Judgment Entered On the 14th day of October 2022, Plaintiff St. Charles MHP Land, L.L.C., hereinafter referred to as Landlord, appeared in person and with its attorney, David R. Fondren. Defendant Jennifer D. Lees, hereinafter referred to as Tenant, appeared in person pro se. Plaintiff announced ready for trial, whereupon evidence was adduced and the matter was taken under advisement. Having considered the evidence presented, the Court now finds, orders, adjudges, and decrees as follows: 1. Landlord and Tenant entered into a written lease for the premises known and numbered as 57 Northbrook Drive in St. Charles, Missouri. Tenant were to pay monthly rent of $390.00 for the term beginning May 1, 2021 and ending April 30, 2022. The lease also contained provisions for the recovery of late payment charges and attorney's fees in the event of breach by Tenant. See, Pl. Ex. A. 2. After the lease expired, Tenant remained in possession as a tenant from month-to-month. Apparently, Landlord raised the monthly rent to $420.00. No evidence was presented as to whether this was a unilateral or a negotiated increase. In May 2022, Tenant paid only $300.00 of her new monthly rent obligation. She admits paying no rent for June, July, August, September, or October 2022. 3. Under Missouri law, "The general rule is that a holding over by the lessee and waiver of notice by the lessor combine to exercise an option to extend a lease. The law then implies a continuation of the original tenancy upon the same terms, conditions, and covenants as provided by the original lease ¿ But this principle is qualified if there is something else present, or if something in the conduct of the parties discloses a different intention." Pelligreen v. Century Furniture & Appliance, 524 S.W.2d 168, 171 (Mo. App. 1975). Here, the raising of the rent by Landlord discloses a different intention and established a new month-to-month tenancy void of any of the old lease's provisions for late payment penalties or attorney fees. 4. Landlord's claim is one for rent and possession only. The Court will not here consider any claim for alleged breach of the judgment entered in Dave Wehmeyer, et al., d/b/a Muegge Mobile manor Mobile Home Park v. Jennifer Lees, Cause No. 2011-AC04652. WHEREFORE IT IS ORDERED, ADJUDGED AND DECREED that: 1. On Plaintiff's claim, the Court finds in favor of Plaintiff and against Defendant in the amount of $2,200.00 for unpaid rent. Plaintiff is further awarded immediate possession of the premises located at 57 Northbrook Drive, St. Charles, Missouri 63303. 2. Court costs of $48.50 are taxed to Defendant. SO ORDERED: Dated: 10/14/22 NORMAN C. STEIMEL III, #27650 Associate Circuit Judge, Div. 10 St. Charles County, Missouri Filed By: NORMAN C STEIMEL III Associated Entries: 10/14/2022 - Cause Taken Under Advisement
  8. Cause Taken Under Advisement Filed By: NORMAN C STEIMEL III Associated Entries: 10/14/2022 - Judgment Entered +
  9. Tried by Court-Civil Associated Entries: 09/30/2022 - Hearing Continued/Rescheduled + Associated Entries: 09/30/2022 - Court Trial Scheduled Scheduled For: 10/14/2022; 9:00 AM; NORMAN C STEIMEL III ; 1; St Charles Circuit Div
  10. Sound Recording Log Sheet RECORDED IN COURTROOM 315
  11. Court Trial Scheduled Associated Entries: 10/14/2022 - Tried by Court-Civil Scheduled For: 10/14/2022; 9:00 AM; NORMAN C STEIMEL III ; 1; St Charles Circuit Div
  12. Hearing Continued/Rescheduled CONTINUED TO 10/14/22 FOR TRIAL AT 9:00 AM Associated Entries: 08/31/2022 - Civil Setting Scheduled Associated Entries: 10/14/2022 - Tried by Court-Civil Hearing Continued From: 09/30/2022; 9:00 AM Civil Setting
  13. Order - Special Process Server Associated Entries: 09/01/2022 - Motion Special Process Server +
  14. Motion Special Process Server Motion to Appoint Special Process Server; Electronic Filing Certificate of Service. Filed By: STEPHEN A MARTIN Associated Entries: 09/01/2022 - Order - Special Process Server
  15. Summons Issued-Landlord/Tenant Document ID: 22-SMLT-1192, for LEES, JENNIFER. SUMMONS SAVED AND ATTACHED IN PDF FORM FOR ATTORNEY TO RETRIEVE FROM SECURE CASE.NET. MLM
  16. Civil Setting Scheduled Associated Entries: 09/30/2022 - Hearing Continued/Rescheduled + Scheduled For: 09/30/2022; 9:00 AM; NORMAN C STEIMEL III ; 1; St Charles Circuit Div
  17. Exhibit Filed Exhibit A Lease; Exhibit B Schedule 2A Filed By: STEPHEN A MARTIN
  18. Filing Info Sheet eFiling Filed By: STEPHEN A MARTIN
  19. Pet Filed in Associate Ct Petition for Rent and Possession. Filed By: STEPHEN A MARTIN On Behalf Of: ST CHARLES MHP LAND LLC

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