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Watkins Law Firm, P.C.
9979 WingHaven Blvd.
Suite 210
O’Fallon, Missouri 63368
Phone: 636.625.6448
Fax: 636.625.3721
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Missouri Real Estate Lawyer
Many real estate legal matters are often related to other legal matters such as
estate planning,
business law, or
divorce litigation.
However, there are still times aside from these events that may require the
service of a Missouri real estate lawyer to protect your interests and financial well-being. Examples of these
“stand-alone” real estate transactions include:
- Landlord and Tenant Disputes
- Deeds of Trusts
- Home Owners Associations
- Contracts
- Buy or Sell Home
- Review Title Insurance Commitment Before Signing
- Review Leases Before Signing
Landlord and Tenant Disputes
Most landlord and tenant disputes involve issues surrounding rent payments and security deposits. Under Missouri law,
a landlord can only require a maximum two months' rent as a security deposit. At the end of the lease, the landlord
has 30 days to return the security deposit with an itemized list of damages for which any portion of the deposit
is kept.
During that 30-day period, the landlord must notify the tenant of the time and date when the landlord plans to inspect
the dwelling. The tenant has the right to be present during the move-out inspection, which must be conducted during
regular business hours.
The landlord may keep all or part of a deposit to pay for actual damages (not for normal wear and tear), unpaid rent,
or lost rent due to the tenant moving out without adequate notice. The tenant may not use the security deposit to
pay the last month's rent.
Remember to give the landlord your forwarding address in writing. Otherwise, he may not be able to send your deposit.
If the landlord has wrongfully withheld all or part of a deposit, the tenant should speak with a skilled
Missouri real estate attorney with experience in
Landlord/Tenant issues to discuss options available.
Deeds of Trust
This is the mortgage document. It is recorded among the land records, and your lender will keep the original. When
you pay off the loan, the lender will return it with the promissory note. This document is rather lengthy -- and quite
legalistic. Make sure that the person conducting the settlement fully explains all of the ramifications and conditions
contained in this document.
Basically, so long as you make your monthly payments on a timely basis, you should have nothing to worry about. But
once you are in default (a term which is defined in both the note and the trust) then many of the provisions of that deed
of trust become operative -- such as the right of the lender to ultimately foreclose on your property.
Whether you are buying or selling a home or simply refinancing your home, you need to know that contacting a real
estate attorney can protect you in what are the largest transactions in most people's lives.
FREE 30 minute initial consultation.
Watkins Law Firm, P.C.
O’Fallon Missouri Divorce Lawyer
Watkins Law Firm, P.C., located in O’Fallon, Missouri, serves clients throughout Saint Charles County,
Saint Louis County, Warren County, Montgomery County and Lincoln County including the communities of
O’ Fallon, Wentzville, Lake St. Louis, Saint Charles, Saint Peters, Warrenton, New Melle, Wright City,
Innsbrook, Troy, Winfield, Foley, and Elsberry.
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