The summons is to be given to the sheriff or other court officer to serve the tenant. A court date will be scheduled for not more than days after the summons is issued unless the landlord requests a later date. The summons may be served personally, on a person at least years of age who resides on the property, or by posting and mail.
If the tenant is not served personally or on a person of suitable age, the landlord may only obtain possession of the property and may not collect any monetary damages. Also, if service is by posting, the landlord must file a motion and obtain a court order to do so.
Eviction trials are before a judge only. If the landlord proves his or her case or the tenant fails to appear, the court will issue a judgment for possession to the landlord.
In unlawful detainer cases, the tenant may be ordered to pay double the amount of rent for the time he or she remained after the date the tenant was to vacate the property.
After the judgement is issued, the tenant has days to file an appeal. The court will issue a Writ of Execution if requested by the landlord after the day period. This is a unique time in our history. If your tenant fell behind on rent because of COVID , be understanding and try working with them before evicting them.
Here are two common types of notices:. If the tenant is leasing a month-to-month rental unit, then the landlord may give the tenant a one-month warning. The landlord must indicate the date which you expect the tenant to move out by. When evicting a tenant, having a written notice is vital in case any disputes occur. The same applies to fixed-term leases.
Once the landlords serves their tenant in Missouri with a notice, next the landlord must file an unlawful detainer lawsuit in the appropriate court of law. One will be for the landlord and the other will be for the tenant.
When evicting a tenant, a landlord may serve this copy to their tenants in a variety of different ways:. According to the Missouri eviction process, after you serve your tenant with this copy, the next step will be to attending the court hearing. The reason for eviction will determine when the hearing is held. You can also try to negotiate with your landlord to make a payment plan to allow you to pay rent over an extended period of time or get a temporary rent reduction.
Get help here for drafting and mailing a letter to your landlord. You can also use this letter-writing tool here. Get written records of all communication: Keep copies of any letter or email you send, and any responses from your landlord.
Get and keep receipts for any payments you make. If you make a payment plan or rent agreement, make sure you get it in writing and that both you and your landlord sign the agreement. This includes letters from your employer, doctor, insurance provider, child care provider, schools, etc. Can my utilities be shut off during the emergency in Missouri? If your county has been in the Moderate or Low category for 14 consecutive days, then the Moratorium does not apply to you.
This means: If your landlord has already started an eviction lawsuit against you, you can use the CDC Eviction Moratorium as a defense in court. You can use the Declaration form to tell your landlord that you are protected from eviction, and to ask the court to stop the eviction. The CDC Eviction Moratorium may NOT stop a landlord from suing you: Even after you fill in the Declaration and send it to your landlord, they might still file an eviction lawsuit against you.
You can bring the Declaration to the court eviction hearing, to ask the court to stop the eviction. Call a local lawyer for help if your landlord sues you for eviction.
Look for any rental and utility assistance in your area, and submit applications to these programs. Find local assistance programs here.
Fill out Declarations. You and every adult in the household need to fill out a Declaration about your financial hardships and your attempts to get assistance. In the Declaration, you must say that you are telling the truth and that you may face legal consequences if you are lying.
You can use this guide for help with the Declaration. Send the Declarations to your landlord, and also tell the landlord that you will do your best to pay when you can. Keep a copy of the Declarations, as well as any receipt or documentation that you have sent it to your landlord like email receipt or screenshots of the message.
These can be useful evidence that you followed the process correctly. Protections through August 26th. After you send this, your landlord cannot remove you from your home for nonpayment of rent through August 26, They are also never allowed to harass or intimidate you, or force you to leave the home without a court order. If your landlord has filed an eviction lawsuit against you , you can bring your Declarations to the court to ask them to stop the lawsuit.
Contact a legal aid lawyer to help you with the lawsuit. Please note: Your landlord can still evict you for reasons other than nonpayment of rent, like for engaging in criminal activity in the home, violating building codes or health ordinances, or threatening the health and safety of other residents.
You will continue to owe your rent. Try to make a plan about how you will take care of all the rent you owe. At the end of the Eviction Moratorium protections on August 26, , you will no longer be protected from being evicted.
Make sure you know your lease and its terms. Some landlords may try to evict you based on violations of the terms in your lease. If you know your lease, you can protect yourself by making sure you do not break any of its terms.
My landlord gave me an eviction notice My landlord gave me a notice to "pay or quit" my rental home in Missouri. What should I do? A rent and possession lawsuit requires no advance notice. An unlawful detainer lawsuit does require written notice, though the time requirements for notice vary.
What if the landlord has just told me, face-to-face or over the phone, that I need to leave my home in Missouri? Do I have to leave my home in Missouri by the time of the eviction notice's expiration date? The Tenant fails to pay rent or respond within ten 10 days after the proper posting and mailing of the notice.
If all of the requirements are fully satisfied, Landlord may remove and dispose of the personal property without liability to Tenant. This statute provides no protection, however, from a claim of third parties, such as a parent that claims ownership, a company that rented the appliances or furnishings to the Tenant, or a company that sold them to Tenant and has a properly perfected security interest. Accordingly, Landlord must carefully examine the items thought abandoned, and any public records, for evidence of ownership or a properly perfected lien.
Failure by Landlord to satisfy a requirement may result in the Landlord being held liable for damages and not receiving the benefit of the protection the statute was intended to provide.
Accordingly, legal advice should be sought. For state rent rules and procedures on issues such as raising rent, see Mo. The reader should always remember your legal responsibilities. After all, you may unknowingly jeopardize your rights by not fulfilling your legal rights as a Tenant or Landlord. Many of the Chapters and Articles are interrelated. This not intended to be an all-inclusive overview, or the best advice in every situation. This information is not meant to be a substitute for the advice of an Attorney.
Share with others: Facebook LinkedIn Twitter. Missouri Eviction Process. The First Step in the Missouri Eviction Process is Serving a Notice to the Tenant The eviction notice must state why the tenant is being evicted, and give them a specified amount of time to correct the problem. Missouri Eviction Forms Package. The Missouri Rental Agreement. Tenants Help: Learn your rights! For names of lawyers in your area who are experienced in housing issues, Find Law Firms on our Directory.
Like and Follow NationalEvictions. Select A Category:.
0コメント