How does a landlord evict a tenant in Missouri?

In Missouri, landlords have the legal right to evict tenants who violate the terms of their lease agreements. However, the eviction process must be followed correctly and adhere to the laws outlined in the Missouri Revised Statutes. Here is a step-by-step guide on how landlords can evict tenants in Missouri:

1. Understand the reasons for eviction

A landlord can evict a tenant in Missouri for various valid reasons, including nonpayment of rent, lease violations, property damage, illegal activities, and expiration of lease term.

2. Provide written notice

**The first step in the eviction process is to provide the tenant with a written notice of eviction, also known as a “Notice to Quit”**. The type of notice and the duration provided depend on the reason for eviction. For example, if it’s due to nonpayment of rent, a landlord must provide a 3-day notice, while for lease violations, a 10-day notice is required.

3. File a lawsuit

If the tenant doesn’t comply with the notice or vacate the premises, the landlord can proceed by filing a lawsuit known as an “Unlawful Detainer” in the appropriate Missouri court. This lawsuit seeks to regain possession of the property.

4. Serve the tenant with a summons and complaint

After filing the lawsuit, the landlord must serve the tenant with a summons and complaint, informing them of the lawsuit and the date of the hearing.

5. Attend the court hearing

Both the landlord and tenant need to attend the court hearing. If the tenant fails to appear, the landlord may win the case by default.

6. Receive a judgment for possession

If the landlord successfully proves their case, the court will issue a judgment for possession. This grants the landlord the right to regain control of the property.

7. Request a Writ of Execution

Once the judgment for possession is obtained, the landlord can request a Writ of Execution from the court. This document allows law enforcement to physically remove the tenant from the premises if they refuse to leave voluntarily.

8. Eviction by law enforcement

**With the Writ of Execution in hand, the landlord must coordinate with law enforcement, usually the local sheriff’s office, to carry out the eviction**. The sheriff will provide a notice to the tenant, specifying when they must vacate the property. If the tenant refuses to leave, law enforcement will physically remove them.

9. Store or dispose of tenant’s possessions

As a landlord, it is crucial to understand your responsibilities regarding a tenant’s personal belongings. In Missouri, the landlord must store the tenant’s possessions for a specific period of time after the eviction. If the tenant fails to claim their belongings, the landlord may dispose of them.

FAQs about tenant eviction in Missouri:

1. Can a landlord change the locks to evict a tenant?

No, a landlord cannot change the locks to evict a tenant without following the proper legal eviction process.

2. Can a landlord enter the rental unit during the eviction process?

Yes, a landlord can enter the rental unit during the eviction process but must provide reasonable notice to the tenant, except in emergency situations.

3. What is required to prove a case in court against a tenant?

To prove a case in court against a tenant, a landlord must present evidence such as the lease agreement, payment records, photographs, witness statements, and any other relevant documentation.

4. Can a landlord accept partial payment of rent after initiating the eviction process?

Yes, a landlord can accept partial payment of rent; however, acceptance may terminate the eviction process, depending on the agreement between the landlord and tenant.

5. How long does the eviction process usually take in Missouri?

The eviction process timeline in Missouri can vary but typically takes around 30 to 45 days from the initial notice to the actual eviction.

6. Can a tenant stop an eviction by paying all outstanding rent?

Yes, a tenant may be able to stop an eviction by paying all outstanding rent and any applicable fees before the court hearing.

7. Can a landlord evict a tenant without a court order?

No, a landlord cannot evict a tenant without obtaining a court order for possession and following the proper legal process.

8. What happens if the tenant refuses to leave after an eviction order?

If the tenant refuses to leave after an eviction order, law enforcement will intervene and physically remove the tenant from the property.

9. Can a landlord evict a tenant for no reason?

Yes, a landlord can evict a tenant without providing a reason if it’s a month-to-month lease agreement, as long as proper notice is given.

10. Can a tenant be evicted during winter months?

Yes, a tenant can be evicted during the winter months in Missouri, as there are no specific laws prohibiting evictions during this period.

11. Can a tenant be evicted if the property is sold?

Yes, a new property owner can still proceed with the eviction process if the property is sold, as long as they follow the appropriate legal steps.

12. Can a tenant appeal an eviction decision?

Yes, a tenant can appeal an eviction decision within a certain timeframe after the court judgment, giving them an opportunity to present their case to a higher court.

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