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A
Missouri landlord may not evict a tenant without a
court order. The landlord may begin eviction
proceedings if a tenant:
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Damages
property.
-
Fails
to pay rent.
-
Violates
terms of the lease.
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Injures
the lessor or another tenant.
-
Allows
drug-related criminal activity on the premises.
-
Fails
to vacate at the end of the lease term.
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Gambles
illegally on the property.
The
tenant will receive a notice that an eviction
lawsuit has been filed and will have the opportunity
to be heard in court before any eviction.
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| Unlawful
detainer defined |
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When
any person willfully and without force holds over
any lands, tenements or other possessions, after the
termination of the time for which they were demised
or let to the person, or the person under whom such
person claims * * * and after demand made, in
writing, for the delivery of such possession of the
premises by the person having the legal right to
such possession, or the person's agent or attorney,
shall refuse or neglect to vacate such possession,
such person is guilty of an "unlawful detainer". |
To
legally evict you, your landlord must file a lawsuit
in court. If sued, you should receive a Petition and
Summons, telling you when and where to appear in
court, and what your landlord is demanding. Do not
ignore the lawsuit. If you do nothing, a
default judgment may be entered against you.
Typically
the judge will hear your case on the first court
date and not continue it. If you have a
claim against your landlord, you must file it in
writing with the court by the court date.
If
the summons was only posted on your property (not
hand-delivered to you or your family by a process
server), your landlord may only be able to get a
judgment for "possession," but no rent.
Possession means possession of the apartment or
house, not your property.
Contact
an attorney as soon as you are sued or notified that
your landlord plans to evict you.
A
landlord is prohibited from illegally evicting you
without a court order, i.e., by locking you
out, removing doors to your home, shutting off your
utilities, or removing you or your property.
You should call your local police or city officials
if this happens. In Kansas City, immediately call
the Office of Community Relations (513-1836), the
Police Department (911), or Neighborhood
Preservation (513-9000 for utility shut-offs only).
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