If possession is not at issue (in other words, the tenant no longer occupies the leased premises), then any claims a landlord may have against the departed tenant may be pursued as ordinary contract claims.

Typical claims that are pursued in such cases include:

• Unpaid rent
• Reimbursement for damages to the premises in excess of ordinary wear and tear
• Attorney’s fees and litigation expenses if a lease clause authorizes them
• Court costs

A major consideration in these cases is whether the lawsuit is being pursued in the proper county – the courts speak of this consideration is whether “venue is proper.” Here are the venue rules:

• A written lease will often include what is known in the law as a “venue selection clause.” Typically, such a clause will provide that the landlord and tenant agree that any lawsuits relating to the lease must be filed in a specified county (usually the county where the rental unit is located). If the lease contains such a clause, the judge will consider that venue is proper in the specified county.
• If the lease does not contain a venue selection clause and the tenant has moved to another county in Missouri, the landlord must file the lawsuit in the county where the tenant now resides.
• If the tenant has moved out of state, the landlord can file the case in the county where the landlord is located.

As is the case in other landlord-tenant lawsuits, a former tenant is deemed to deny the statements in the former landlord’s petition and has the right to introduce evidence showing the falsity of those statements.

The former tenant can also assert affirmative defenses and counterclaims.

A review of possible defenses on the Rent-and-Possesion Evictions and Unlawful Detainer Evictions pages may suggest defenses the former tenant should consider. In particular, consider whether the Constructive Eviction defense on the rent-and-possession page may apply.

See the Counterclaims page for possible counterclaims to consider.

Defenses and counterclaims must be put in writing, filed with the court, and served on the landlord’s attorney or the landlord if the landlord is suing without an attorney. See Pre-Trial Procedures on the Court Cases page for the requirements.

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