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Real Property : Leased Premises – Unlawful Detainer – Written Notice

Stephanie Maniscalco//December 21, 2015

Real Property : Leased Premises – Unlawful Detainer – Written Notice

Stephanie Maniscalco//December 21, 2015

Where plaintiff filed a petition for unlawful detainer arguing that tenants had refused to vacated a leased premises, causing damages in lost rent, and the trial court refused to enter judgment against the tenants for damages because the plaintiff did not deliver a written notice of termination, the judgment is reversed and remanded because this was a holdover after a fixed term and not a month-to-month tenancy, so the notice generally required for a month-to-month tenancy was not required.

Judgment is reversed and remanded.

Wheelhouse Marina Real Estate LLC v. Bommarito (MLW No. 68584/Case No. SD33838 – 5 pages) (Missouri Court of Appeals, Southern District, Francis Jr., J.) Appealed from circuit court, Camden County, Colyer, J. (Gerard Joseph Harms Jr., Lake Ozark, for appellant) (Jeffrey Eugene Green, Osage Beach, for respondent).

Read the full text of this opinion. (PDF)

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