Legal Question in Landlord & Tenant Law in Missouri

Re: Evicting a tenant

Although you can do it yourself, you probably should hire an attorney to evict this woman. You should look to pay for about 10 hours of time at betwen $75 and $100 per hour to effect the eviction. Under the law, you can send her a certified letter telling her she has 30 days to quit the property. You can find the statute on eviction at http://www.moga.mo.gov/statutes/c534.htm and there you'll find not only what your rights are, but what her rights are in an eviction. Essentially, you send the letter certified and regular mail, and you post the notice on her door. If she has not left in 30 days, you go to court and file the unlawful detainer action and you also sue for back rent. If the woman has a car or other personal property, and you get a judgment, you can seize that property, or, you can sometimes levy (garnish) her bank accounts.

If you are going to be a landlord, you're also going to have to harden your heart. People rent because they cannot buy; they cannot buy because usually they don't pay their bills. If they have not paid someone else, they won't pay you. So you need the deposit up front. Not a stick of personal property goes into the place unless and until you have the cash in hand. You should run a credit check on every new tenant. If they have collection actions against them, no matter how good the story, don't rent to them. Make them sign a lease that requires them to pay the rent for one year at a time, but allows them to pay in installments. In other words, if you rent for $100 a month, the rent is $1200 a year, with a $200 deposit, and the rent can be paid in 12 equal installments of $100. If they miss an installment, you can not only evict, you can sue on the promissory note contained in the lease. Everything is in writing, and maintain a file for the property. Take pictures of the house and the rooms before you rent, and if there is damage, take pictures immediately upon re-entry. Approach this like a business and you won't find yourself on the short end of $6,000.

Good luck.