If you possess and lease properties in Missouri, adherence to Missouri’s eviction laws is mandatory. Always remember that both the landowner and the tenant have rights. It should align with the Missouri eviction laws when evicting a tenant from your property. This article looks at the proper legal procedure for an eviction in Missouri.
Send an eviction letter
The landlord should highlight a violation using a written notice. Residents can be lawfully removed from a property for different reasons, including:
- Non-compliance: If a tenant violates any provision on their lease agreement, you can give them ten days’ notice of the violation. You can re-enter the property at the end of the ten days.
- Demand for rent (non-payment): This only applies to tenants with rent arrears. The eviction warning is invalid if the tenant pays the due rent fully before the date.
- Illegal activity: You have a right as a landlord to end a tenancy if the tenants conduct unlawful activities on your premises. These activities include possession of a controlled substance or illegal gaming.
Filing a complaint
Once you’ve served a notice to the tenant, you can file a legal complaint under the landlord-tenant law provision. This is only done after the expiry of the notice period. A successful eviction relies on accurate filing.
Serving the tenant
A landlord cannot serve the court summons and evictions to the tenants in person. Per Missouri law, it’s the duty of the process server or the sheriff to deliver the summons. The sheriff should ensure the tenant receives the summon at least four days before the court hearing.
Recover the property
If fortune favors you in the legal proceedings, you may regain possession of the property. However, if there is no illegal act incident, the tenant will receive at most five days to vacate the premises. Tenants found guilty of committing an unlawful act receive 24 hours only to vacate.
As a landlord, you must adhere to all Missouri laws for a successful eviction procedure. Although these rules may seem burdensome, they are set for a reason. Tenant eviction isn’t simple; hence, the law grants them adequate time to secure alternative housing.