Legal Question in Landlord & Tenant Law in Missouri
Landlord Right to Self-Represent in Eviction Action
I was told by the clerk of the local court that I needed an attorney to initiate an action to evict tenants from a rental property. They have outlived their lease, do not pay rent and because they do not have gas service, the property will sustain substantial damage, i.e., freezing pipes, in the near future. I thought the right to represent yourself in civil court was a right guaranteed under the constitution. My husband and I are both disabled, rely on the rental income to survive, and cannot afford an attorney to evict them. This puts us at an unfair advantage because unless I evict them, they will never leave. Can the court compel me to hire an attorney for what should be a simple, straightforward eviction?
1 Answer from Attorneys
Re: Landlord Right to Self-Represent in Eviction Action
The court cannot compel you to hire an attorney, but if you don't, you'll be held to the same standards as an attorney, and, if your tenants have any smarts, they'll go to Legal Aid and get help. You'll be up against an attorney, and if you don't know the procedure and don't know the case law, you'll be outgunned.
An attorney should not charge you too much to manage an eviction action. Look at it this way: If you pay an attorney $500 to evict them, and they get out, and you don't have frozen pipes, you've probably recovered your $500. In addition, an attorney will no doubt ask for his fees as part of the judgment, and if your lease provides for attorneys fees, it may not cost you that much to hire one.
Certainly you can represent yourself, but the clerk has no duty to help you file the right forms in the right manner, and can reject a filing if it does not meet standards. If you elect to go this way, you should probably check out Nolo Press first. They have some excellent books to help pro se litigants.
Good luck
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