The laws in Missouri allow boarders similar rights to those tenants that sign a written lease. In order to evict a roommate or boarder in Missouri, you will need to get a court order.
The laws in Missouri allow boarders similar rights to those tenants that sign a written lease. In order to evict a roommate or boarder in Missouri, you will need to get a court order. If your boarder did not sign a written lease, the lease is considered oral and you are required to give him a 30-day notice in most cases before proceeding with the eviction. There are some instances where an eviction process can be sped up if you suspect the boarder is involved in illegal activity.
Write an eviction notice in which you state why you want your roommate or boarder to leave and allow a specified time to correct the problem. You can find templates for these forms online or create your own. In most cases, you must give at least 30 days to allow him to fix the problem or move out.
Mail the eviction notice by certified mail. Make sure to keep a copy for your records and save the receipt to prove the notice was sent.
Visit the circuit court in the county where you live in Missouri if the problem was not resolved in the designated waiting time. Speak to the clerk of the courts and ask to file an eviction lawsuit. There are two different types and you will have to specify which one you are filing. The more common eviction is the Rent and Possession eviction. This is where a tenant has not paid rent.The other eviction lawsuit is called Unlawful Detainer. This is when a boarder or tenant will not move out after a lease has expired or for any lease violation.
Fill out the necessary paperwork that the clerk of the court provides to you. Pay the filing fee. The filing fee will vary depending on your county in Missouri.
Attend your court date.The clerk will prepare a summons that will be served on the border and schedule a court date. You should bring any witnesses or documents you have which show grounds to evict your boarder. You do not need a lawyer but having one could help your case.
Wait for a decision. If the boarder does not attend the hearing, you will win by default. However, if he attends the hearing, the judge will listen to both sides of the argument and make a decision.
Call your local sheriff’s office to remove the boarder if you win the case. Ten days after the hearing, if your border is not appealing the case, you can call the sheriff’s office to have them remove your boarder.
You may want to consult a lawyer or legal aid for assistance in evicting your boarder.
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