Legal Question in Real Estate Law in Missouri

Eviction

What's the proper proceedure for evicting a tenant for not paying rent?


Asked on 8/19/02, 10:20 pm

1 Answer from Attorneys

Anthony Smith LawSmith

Re: Eviction

The proper way to evict a non-paying tenant varies. Each situation is a little different than the others. Several questions need to be asked.

Do you have a written lease? If so, what does it say about late payment? How far behind are they? Are there other reasons that give you the desire to see them gone? Are they doing anything illegal on the property?

Those are needed to give a specific answer. But generally, here is what is needed. If you must sue, you need to decide whether a "rent & Possession" action (sometimes called a Landlord's petition) or an Unlawful Detainer action is needed. One says that you want the judge to make them pay up or get out. The other says that the defendant has no right to occupy the property, and you want the judge to order them to vacate and pay double fair market rent until they do.

DO NOT just go in and start removing their belongings, or disable the doors or utilities, change the locks. They could possibly end up owning the property if you do, or at the least, costing you more than they owe

You did not mention what County the property is in. I would be interested in discussing this matter further with you.

Good Luck,

Tony Smith

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Answered on 8/20/02, 12:26 pm


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