Legal Question in Real Estate Law in Missouri
Does my lease ''rewrite the law''
My tenant is now late on the entire rent for this month & a portion of rent from last month. My lease states that ''if default be made in the payment of rent...the lessor or his agent shall have the right to enter and take possession...the lessee agrees to deliver the same without process of law.'' Does this mean that I can enter the premises and take possession without going throught he eviction process or do I have to follow certain procedures?
1 Answer from Attorneys
Re: Does my lease ''rewrite the law''
If you do not follow the statutory procedure for eviction, despite your contract proviso, you may be liable for the partial or complete loss of the tenant's belongings, and in very rare cases lose the real property to them also. Someone put that language in the contract to scare tenants into not getting behind on rent, but no attorney would advise you to rely on it to gain access.
I don't know where you got the form, but it does not comport with Missouri law, and could be grounds for having the lease nullified, thereby making you forfeit any late fees you might have be entitled to under other provisions.
Many landlords successfully complete the process without an attorney. If you are not familiar with either a Rent and Possession or Unlawful Detainer action, get a lawyer to do it for you.
Good Luck
Tony Smith
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