Legal Question in Landlord & Tenant Law in Missouri

Dear LawGuru Team, I am currently living in a house that I will own in 3 yrs. my name is the only name on the Morgage papers. A man and his 4yr old son live there with me, they have lived there for 2 years now. Orginally this man and myself were in relationship but we no longer are, it's been 10mths. and we both know we wont be marrying each other or going on with each other. This man has not ever paid me a dime for rent or utilities. He has an extremely hard time keeping and getting a job. He is on a waiting list for section 8 housing, has been for a year and half now. I am at my wits end, the Police say its a court matter the county court house says its a police matter. No, this man does not abuse me. He does drink but mainly on weekends when the mom has the 4yr. old son. On weekends when the son is gone the man often stays gone. I want to know my legal rights. The Police say since he has established resistency at my home that I legally can't kick him out without 30 days notice. The Court House said that's not true. Help!! Signed, Held Hostage


Asked on 10/08/10, 2:15 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Under teh facts you described, the man is a tenant (although not paying rent) and as such you will have to file an unlawful detainer action to get the court to direct the authorities to remove him form the premises. If you do this on your own, you can probably get him out withn the next 60 days. If you use an attorney, that time will possibly be shorter.

Good luck

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Answered on 10/15/10, 9:48 am


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