Doris Kocina v. Tracy Johannes
2016 Mo. App. LEXIS 1314
| Mo. Ct. App. | 2016Background
- Johannes moved into an apartment owned by Kocina while her son performed maintenance for the owner in exchange for a furnished unit and utilities; the son’s employment-based tenancy ended when he stopped performing services and vacated in early August 2015.
- Johannes remained in the apartment after the son left; she never paid rent or utilities to Kocina.
- On August 18, 2015, Kocina served a written demand for possession; Kocina filed an unlawful detainer complaint on August 26, 2015.
- Johannes stayed until September 10, 2015; after a bench trial the court found Johannes’s possession wrongful, awarded double reasonable rental value for August 18–September 10, 2015, and taxed court costs against Johannes and her son.
- Johannes appealed, arguing (1) she was a month-to-month tenant entitled to one month’s termination notice under §§ 441.060.3 and 534.030.1, and (2) court costs could not be assessed because her counsel filed a Certificate of Inability to Pay Costs under § 514.040.3.
Issues
| Issue | Plaintiff's Argument (Johannes) | Defendant's Argument (Kocina) | Held |
|---|---|---|---|
| Whether Johannes was a month-to-month tenant entitled to one month’s notice before unlawful detainer could be filed | Johannes: Implied landlord–tenant relationship (month‑to‑month) created by owner’s knowledge of occupancy and a notice referencing a month‑to‑month tenancy | Kocina: No express or implied lease with Johannes; Johannes never paid rent and occupancy was without owner’s consent | Court: No landlord–tenant relationship; Johannes was a wrongful possessor, not a holdover tenant; one‑month notice statute inapplicable; Kocina had standing to sue after serving written demand |
| Whether court costs could be assessed against Johannes despite counsel’s Certificate of Inability to Pay | Johannes: Mid‑Missouri Legal Service determined indigency and filed certificate under § 514.040.3, so costs must be waived | Kocina / trial court: costs were assessed (no contrary argument preserved on appeal) | Court: Certificate complied with § 514.040.3; trial court lacked authority to assess costs against Johannes; costs reversed and remanded |
Key Cases Cited
- P.M. Const. Servs., Inc. v. Lewis, 26 S.W.3d 284 (Mo. App. W.D. 2000) (identifies four statutory classes of unlawful detainer)
- Schnucks Carrollton Corp. v. Bridgeton Health & Fitness Inc., 884 S.W.2d 733 (Mo. App. E.D. 1994) (holdover can become tenant if landlord consents; demand or suit for rent may show consent)
- White v. Marshall, 83 S.W.3d 57 (Mo. App. W.D. 2002) (distinguishes cases where landlord consent and rent payments establish month‑to‑month tenancy)
- Kilbourne v. Forester, 464 S.W.2d 770 (Mo. App. 1970) (mere occupancy with owner’s knowledge but without consent does not create a tenancy)
- State ex rel. Holterman v. Patterson, 24 S.W.3d 784 (Mo. App. E.D. 2000) (when legal services org certifies inability to pay and files certificate, court cannot assess costs)