Missouri landlord writes:
I have a tenant who had his electric shut off. He drinks a lot and I am afraid he is going to pass out and burn my apartment down with the candles he uses for light. What can I do?
If you have questions about your legal rights as a landlord, you should talk to your lawyer.
Missouri law explains grounds for eviction. See page 17 of our Landlord-Tenant Law publication for details. Remember that you have to go to court and get an order from a judge before evicting. Also, some leases give additional grounds for lease termination. If there is no written lease, a 30-day lease is assumed, so either party can cancel it with 30 days written notice.
41 Responses to "Eviction procedures"
June 13, 2007 8:55 pm
How about trying to contact an organization or social services caseworker and get your tenant some help. Is eviction really going to solve his evident problem? It would look good on your human rights resume when you meet God.
October 31, 2007 10:59 am
can i ask a prospective tenant to pre-sign a document agreeing to not contest a future eviction order in the event i have legal grounds to evict the tenant?
November 1, 2007 3:17 pm
The Missouri statutes on eviction don't address this scenario. You are best off to get advice from your lawyer.
November 27, 2007 6:30 pm
I rent a room with a private bath and entrance attached to my home. It was a family room in the past. The renter is 4 months behind in rent. His son started living with him. He and his son have both been told by me that he knew he could not live here. I told him he has to pay by a certain date. He has not. He told me to do what I have to do. Can I send him an eviction notice without going to through an attorney?
November 30, 2007 2:59 pm
An eviction lawsuit is like any other - you don't have to have a lawyer representing you. But you do have to file suit in circuit court, and the circuit clerk can probably help you do this.
You can always send an eviction letter to the tenant, but it doesn't have force of law. For that, you have to file your lawsuit. The tenant is then notified and has a chance to respond in court. If you win, you'll get a court order evicting the tenant.
January 20, 2008 7:04 pm
Question to whoever can help:
I am a house rentor and in an abusive relationship. I was attacked in my rental home (by the man who is NOT on the lease). He does not have a key, he physically breaks in the house. I have police reports, restraining order against the man for this residence and myself, medical reports, etc. I gave my landlord written 30 days notice that I would be breaking my lease. Landlord is saying that I must be out, but must continue to pay rent. Also, I am in charge of showing the property to potential renters. Any help with this? I would be willing to give up my security deposit and additional months rent, but I really need to be away from the house (man has still not been arrested and I am moving 4 hours away to get away from him.) PLEASE, anyone who can help, offer advice or suggestions.....PLEASE RESPOND!!!!
January 22, 2008 11:03 pm
i am buying a single family property in Saint Louis and don't want the current tenants to remain in the property after i close. Do i have to file an eviction notice to get them out of the property?
January 24, 2008 10:42 am
1. Missouri law requires a court order to evict a tenant.
2. Missouri law provides grounds for eviction, and this is not one of them. Does your lease allow you to cancel for this purpose?
January 25, 2008 3:18 pm
I own about 5 acres with a double wide trailer in Ripley County that I bought from my mother after my dad had passed away.My parents had rented the trailer to someone,there is no written contract between the renter and my deceased parents or between myself and the renter after I purchased the property. She has been late with her rent payment on several occasions and this time she has refused to pay the rent and I need any information on what I need to do to have her evicted.
January 26, 2008 12:00 pm
My aunt has been renting the same house for 11 years. The pipes on the outside of the house broke and caused the yard to flood. She has been with out water for 4 days and now the landlord says it's her fault. Anything that has went wrong inside the house she has always repaired but since this was outside the home she called the landlord. He in return left a hand written note on her door saying she had 10 days to get out? Can he legally only give her 10 days?
January 28, 2008 10:54 am
To Bryan and Tina:
Without a written lease, Missouri law allows a landlord to evict a tenant with one month's written notice.
Page 10 of AG Nixon's Landlord-Tenant Law brochure explains this.
Tina, if your aunt has a written lease, the landlord would need to get a court order to evict her before the lease ends.
See page 17 of the brochure for grounds for eviction.
January 29, 2008 12:32 pm
with my previous question all my mother and fathers stuff was still in the house appliances and furniture is there a way i can keep her from taking all my stuff? and does the written evicition notice have to be court ordered or just on a piece of paper and what if after 30 days she still refuses to move?
February 5, 2008 11:02 am
To Bryan Sisco:
With reasonable written notice to the tenant, the landlord has a right to enter the property. At that time, you could take what is yours, unless there was some understanding that this is a furnished rental property.
If you decide to leave your items inside the property, one idea is to write up a list of what's hers and yours.
With no written lease, Missouri law does not require the eviction notice be court ordered.
If a tenant refuses to leave after a lease expires, Missouri law allows the landlord to sue for unlawful detainer and ask for double rent for the excess time she stayed. The landlord must file a lawsuit in court to do this.
March 26, 2008 4:30 pm
My tenant has missed a rent payment and has not responded to my two attempts for contact between us (one letter, one phone call). This is the first time he has been late with paying rent. I would give him the benefit of the doubt if he would simply return my attempts at contact, but as of the 26th of the month (with rent due by the 5th), I'm starting to get anxious and a little annoyed.
How long do I legally have to wait to decide if I should evict the tenant? I do have a written, signed lease. I understand the eviction notice has to be court ordered - but how do I go about filing the paperwork? Who should I contact first?
Your help is greatly appreciated.
March 27, 2008 11:06 am
Failure to pay rent is grounds for eviction under Missouri law, but these are questions for your lawyer.
If you would like to file an eviction lawsuit without a lawyer, the clerk's office at your circuit court may be able to give you the proper paperwork.
March 30, 2008 12:02 pm
I have purchased 3 Manufactured Homes from a Park Owner. The first home was purchased in October of 2004. The second 2005. The third 2006. When I purchased the first home I asked for my Title on the day of paying for it and signing a Lease. I was told that they had to clear it. I am still waiting and its been 3+years now and still nothing. About 9 months ago a new person in the office I asked her to give me what looked like a Title in the folder to me. She did. I realized it was a copy of a Title that was dated 1993 with a Asian person's name on it. Just the front. The second home I paid all the past lot rent of $1000.00 and was told there was no Title. I did a little research and found the previous owners Son and he was his Mothers Executor of Estate and he said he would mail the Title to the Office. He would not mail it to me. The Office has still not given me any Title and its been 2 years +. I repeatedly ask him if he mailed it and he said yes and addressed it attn. the Vice President, General Manager. They said it never came. The third Home is a Double Wide on a solid Foundation with only the front open and no wheels. The other ones are on wheels. I purchased this house with the knowledge that they had a Title. This Home was a wreck! They gave me this Title and their name was not on the title but the person's name that was on the front had sold it to a family member 7 years before and they never Titled it. I went to the DMV to have it transfered to my name with the Bill of Sale from the park. The DMV told me it was illegal. I require this because its mine and I wanted to put Insurance on it. All 3 of the Homes I would like to insure. I have spent a great deal of money doing repairs on all of these Homes and now have stopped. I have asked the Office to submit me proper Titles to me and they have not. 2 years ago they raised the lot rent and I paid it every month per unit. I have family in these Homes. Now they have gone up another $10.00 per lot per month as of March 1st 2008. There is no problem paying this. I have said to them (The Office) that I will not pay this increase until you submit legal Titles to me. They posted to my doors March ? 2008 an Eviction Notice to remove my Homes immediately for non payment of rent. I pay the other rent of course. They are charging me $10.00 per day late fees per Home.
Since this has started I have a family member who is a single parent by herself and the lights keep going on and off among other things. I have been forced to put up a camera. My rent is paid every month and I have never been late in over 3 years. Can anybody tell me my options and I have been thinking about Ex Parte's to have the Management refrain from any harassment. Please give me some advise. I am new to this State and now they want to give me a bad name. I simply do not deserve a bad name. I am a good person who pays the rent and all other bills. I would also like to pay my Taxes on these Homes as well. Please HELP!!! I need advice from somebody. Thank You. Have a great day.
April 3, 2008 1:01 pm
after appearing in court for a month to month lease how long will the court allow the tenant to remove their things before they are put out on the street, evicted
April 4, 2008 10:00 am
If you have a month to month lease, it is unlikely that your landlord would evict you. Instead, he / she would probably just wait for the month to end.
April 4, 2008 10:10 am
You can file a consumer complaint with our office.
April 11, 2008 2:07 pm
My wife and daughter moved into an apartment to satisfy school district regs on residence in July. I have been making payments on the apartment, the car and our residence (in another city) and I am no longer able to afford the rent on the apartment. We have until the 15th of April to pay the rent. My daughter graduates on May 16. How long would a notice/eviction court order take in Missouri? thanks
May 13, 2008 2:06 pm
I live in a mobile home park and rent a lot, however I own my mobile home. The owner is trying to evict me for non-payment of lot rent. He has repeatedly disconnected water service that the park provides for none payment of lot rent. My understanding is that disconnection of any utilities is against the law and voids the contract between me and the park. He is now taking me to court to evict me from the park. I am wanting to move my home out of the park anyway for health reasons, he has repeatedly not repaired the sewer lines under the park and I have raw sewage in my yard. Can the court take my home that I own free and clear away? My court date is June 2nd and I plan on moving the house before then and giving up the lot in the park. I also filed for bankruptcy in august, can they even sue me while under bankruptcy protection?
May 13, 2008 3:06 pm
You should consult your bankruptcy lawyer about these things. You are correct that Missouri law says utilities can only be shut off for health and safety reasons - not for failure to pay rent. But I don't know of anything in the law that says shutting off your utilities voids your lease. Here is a link to our Landlord-Tenant Law publication.
June 3, 2008 2:08 pm
I have a roommate that rents a room in my house, I gave her a verbal 60 days to vacate, but she has refused and stated that she is not going anywhere and if I touch any of her stuff, that her lawyer says that she can sue me. Since then, she has moved in alot of furniture into my house and shows no signs of moving out. There is not a written lease, what can I legally do to have her vacate my premises? She gave me $300 for June's rent, knowing that she has to move. Should I have someone present when she tries to give me next month's rent and I refuse it? Can I have give her a written 30 day eviction and have it served by an officer, for verification that she was given it?
June 3, 2008 4:43 pm
Under Missouri law, without a written contract, you are on a month-to-month agreement. That means you can terminate the agreement with one month's written notice. Failure to move out after that would fall under Missouri's unlawful detainer law. Here is an excerpt from the Web site of Legal Services of Western Missouri:
If your landlord gives you a proper written notice to move but you do not move out, your landlord can evict you by filing an unlawful detainer lawsuit. If your landlord wins, the judge may order you to move from the property, and may order you to pay double rent for the time you stayed after the date you were supposed to move out, plus court costs. If you win, you can stay and continue to pay rent until the end of your lease or the landlord gives you proper notice.
June 10, 2008 11:53 pm
My landlord has been entering my home when my husband and I are at work and she has even told us she brought some people in to look at the house for potential buyers. Can she legally bring people into our home while we are gone, yet, can SHE come into our home while we are working. If this is illegal how can we go about confronting the issue. We have lived here since march 1st of 2008, and she expects everything to be immaculate and clean, she says we have too much stuff and need to get rid of it, what can we legally do. We have paid our rent on time everytime it has been due, Please Help
June 12, 2008 1:42 pm
See this blog post.
July 14, 2008 6:57 pm
How do I go about evicting people living in my trailer ? And how long does it take? And what are the steps? There is no lease (nothing in writing).I We have people renting are mobile home and the June 15,2008 payment was received on June 30,2008.They have 3 dogs and when they moved in they where only suppost to have 1 dog. 2 of the dogs are large pitbull/rottwhiler and amastiff and a beagle.They where behind on the lot rent and finally caught that up. They are not moving the lawn. I don't want my credit messed up anymore then it all ready is.
July 16, 2008 4:14 pm
As the original blog post says, please refer to page 17 for a summary of eviction procedures.
July 25, 2008 6:29 pm
I was transfered to another state 1 year after purchasing my home, I rented my house to a relative and her girlfriend at the beginning of the year. I allowed them to move in even though I was making repairs because they had no place to go. I even reduced the rent for the first year because the repairs took a couple of months and they could not afford what I was asking for. I attempted to get them to sign a lease twice and they would never sign. They were late paying the rent while the repairs were being made and they will not pay the rent or only pay part of the rent now that the repairs are done. I told them I would not allow them to stay for another year. Five months after moving in they call the city and told them the house was collapsing and told me "they will not move out of THEIR HOUSE". Can I consider this a month to month lease and issue a 30 day vacate notice. I know that they are doing this because I was transfered to another state and they think they can get away with it. What are my options.
July 30, 2008 3:25 pm
Yes, as the above blog post says: under Missouri law, when no lease is present, either party can cancel upon 30 days written notice.
August 1, 2008 9:24 pm
I was just wondering that if one were to sign a lease and after seeing that the apartment rented to them was not in good shape or was not suitable, can the lease be broken without charge? We payed a pet deposit and the fist month's rent, I don't see how it is right for them to keep this money.
August 5, 2008 9:46 am
This may be difficult to change. If negotiating with your landlord doesn't work, you could hire a lawyer if you think the aparment you got is not what you were promised in your lease.
We recommend tenants look at an apartment before signing a lease.
September 11, 2008 1:18 pm
We rent a mobile home lot but own our mobile home. We recently got a letter from the landlord saying he was evicting us for not keeping the lawn mowed properly, which i admit has been our fault. He gave us 30 days to be out. We are in the process of buying land to move our trailer to, but we will not be able to have it moved by the date he gave us. I read somewhere that when someone owns their mobile home they are supposed to get 60 days notice instead of 30 if the lease is shorter than a year. To my knowledge we have no written lease. So i'm wondering how much time we have to move out?
September 12, 2008 2:23 pm
November 4, 2008 12:33 pm
Our tentant was under rental contract and left due to job transfer but he left his girlfriend who has never been under the rental contract as our tenant. He never paid the last month rent she is still there and I am afraid my pipes will freeze up and she has utilities turned off and the trash pick up is in our name. How do I get her out??? She wont leave???
November 4, 2008 12:35 pm
How do you evict someone who has never signed a rental contract and will not leave?
November 4, 2008 1:34 pm
Under Missouri law, the original tenant is obligated to pay through the end of the lease, and the landlord can double the rent for subleasing without your approval.
As for the girlfriend: if someone occupies a property without lease or approval they can be sued not for eviction, but for unlawful detainer. Your lawyer can advise you on how to proceed with all of that.
December 10, 2008 8:54 am
We have a renter whom we allowed to move in with only a portion of her deposit and her first months rent. She is now 2 months behind on rent and still owes the remained of the deposit. We have tried to contact her, she never calls back. WE left a "pay rent or quit" notice on her door and have also sent her a certified letter to "pay or quit". We gave her a deadline to pay by the end of the week or get out. She refuses to return calls and has made no attempt to pay or contact us. her water has been turned off (by city for non paymnt). What can we do legally to get her out if she will not communicate with us ? The only contact we have is with the tenants mother - who has been told then tenant must get out. How long do we have to allow her to move once she has recieved an eviction notice?
December 10, 2008 2:43 pm
As the above blog post says, Missouri law requires a landlord to file a lawsuit in civil court before evicting a tenant.
January 29, 2009 4:56 pm
Can a landlord evict a tenant without giving them thirty days to move? What is the legal amount of time a landlord must give?
February 2, 2009 2:16 pm
You should check the terms of your lease. If you don't have a lease, it would not be an eviction, just a termination of the lease. For that, Missouri law requires 30 days' written notice. And remember, you can't be evicted without a court order.