Legal Question in Landlord & Tenant Law in Missouri

Rent and Possesion vs Unlawful Detainer

We have a tenant in Buchanan County that has failed to pay rent for 2 months and avoids our phone calls, she has even ran out the back when we knocked on the door. We contacted JAG and they recomended us to file a ''Rent and Possesion'' petition but couldn't help us get one, and told us to contact Fort Leonard Wood (MO) JAG office but they wouldn't help us over the phone since they couldn't verify that we were in fact military and that is not our station of duty. We contacted a lawyer we found online but he is in the state but out of the area and hasn't got back to us with a referal or if that was even something he could help us with. Where do we get the petition and is that really the best choice or should we try ''Unlawful Detainer''


Asked on 11/06/06, 11:59 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Rent and Possesion vs Unlawful Detainer

Rent and Possession is one of the few areas where, armed with the proper paperwork, you can initially represent yourself without an attorney. I do not personally have a copy of a petition, but getting one would be very easy for you.

How to Find A Petition

Find the closest county in MO to where you live in KS. Then use the "filing date" search option in Case Net. (www.courts.mo.gov) or (http://www.courts.mo.gov/casenet/cases/filingDateSearch.do). It will show all the cases filed in a seven day week. Under case type, look for "Rent and Possession." When you find one, write down the number of the case and go to the courthouse. Ask the clerk to copy the petition for you. A copy charge will apply. Take the petition you have a copy of, and modify it for Buchanan County, changing what needs to be changed.

An Easier Way

Call the Missouri Bar Lawyer Referral Service and ask for the name of an attorney in Buchanan County who does landlord tenant issues and have him draft a petition for you. It will likely cost you a couple of hundred dollars to do that, but you won't have to worry about screwing anything up, and you'll be money ahead in the long run.

Good Luck

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Answered on 11/07/06, 8:39 am


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