How would I file an order to show cause for malicious prosecution?

Asked over 1 year ago - Springfield, MO

I live in Greene County Missouri and I am a college student. My landlord has failed to fix ANYTHING that has been wrong at my house, including several things creating safety risks. anyway, long story short, there is a clause in my lease that states 10 days after rent is due if he doesn't hear from us (the tenants) he can file for abandonment and reclaim the property. well rent was due the 1st, I have a receipt for half of it on the 2nd, on the 9th he filed saying I had refused to pay rent or that I had been nowhere to be found for 10 days. He didn't wait 10 days from the first to file, on top of that he collected half my rent 8 days before he filed and then by filing is trying to say I either refused to pay anything or have abandoned the property.

Attorney answers (1)

  1. Leonard Komen


    Contributor Level 14

    Answered . You have no claim for malicious prosecution. If you did, it is a normal lawsuit and there is no such thing as an "order to show cause. You need to see an attorney.
    The reason you have no claim for malicious prosecution is that if you are $1.00 short of the rent on the due date, your landlord is entitled to file suit for eviction.
    If there are safety risk, you can pay the rent into the court pending any dispute and fight over whether the premises are habitable and whether you had to pay the full rent.
    You need an attorney

    This comment does not create an attorney-client relationship. The law and its application by the courts is... more

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