Tenants who wish to rent a property must sign a lease in order to do so. A lease is a document that outlines the agreements between the landlord and the tenant regarding the amount of rent, when the rent is due and any other rules the landlord may set forth. Tenants that fail to abide by these rules as outlined in the lease may face eviction. Landlords must follow the eviction procedures in the state of Missouri to evict a tenant.
Reason For Eviction
Landlords in Missouri cannot evict a tenant without an order from the court. Landlords must have valid reasons for evicting a tenant such as failure to pay rent, damaging property, violating the terms of the lease, injuring another tenant, participating in illegal gambling on the rental property, allowing drug related activity on the property, and failure to vacate the property once the term of the lease has ended.
Landlords in Missouri must send the tenant an eviction notice once the eviction process has begun. Eviction notices may also be referred to as a Notice To Quit or a Notice To Vacate. Tenants who receive an eviction notice will have an opportunity to be heard by the court before being evicted. A summons will be served to the tenant indicating the court date. Tenants who wish to file a claim against the landlord, must do so in writing within the dates set forth by the court.
Missouri tenants must respond to the summons served upon them during the eviction process or the court will enter a default notice. Tenants who receive a default notice will be ordered by the court to move from the property. Tenants who have a valid defense against an eviction, such as failure by the landlord to give proper notice of a rent increase or a rent increase on the basis of illegal discrimination will have a chance to argue their point in court if they answer the summons within the recommended time frame. The court will then set aside the matter and conduct a hearing at a later date.
Leaving The Property
Landlords must abide by Missouri law once an eviction is approved by the courts. Landlords may not lock the tenant out or take the tenant's property. Landlords who have been granted an eviction of a tenant must take the order to the sheriff's office. Sheriff's deputies will post a notice on the door of the tenant and provide the tenant with the exact date and time the tenant must leave the property. Tenants who do not leave the property within that time frame, may be escorted from the property by the sheriff, along with the tenant's belongings.
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