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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 37803
Experience:  Attorney over 16 years, landlord 26 years
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Need to know steps to evict a tenant, that owes multiple

Customer Question

Need to know steps to evict a tenant, that owes multiple months of rent. Had verbal month to month agreement.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Have you given the tenant any written notice to pay or vacate?

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thanks

Barrister

Customer: replied 1 year ago.
No, not yet, i bent over backwards to try to work with them, am tired and ready to move on. Also, have been paying utilites because still in my name.
Customer: replied 1 year ago.
It is a verbal month to month
Expert:  barristerinky replied 1 year ago.

Ok, if the tenant is behind on rent in Missouri, you have to start with giving them a written 5 day notice to pay or vacate for the full amount of rent due. Keep a copy of the notice for your records.

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The most frequently used method of evicting an occupant for non-payment of rent is a "Rent and Possession" action. A suit for "Rent and Possession" means that the landlord wants to regain possession of the premises because the tenant has not paid rent. The landlord is only required to demand rent before suing the tenant. If the Sheriff's return indicates that the summons was posted to the premises and that the defendant cannot be found, then there is no personal jurisdiction, and the court will not be able to enter a money judgment for past-due rent. In these circumstances, the landlord will only receive a judgment for possession of the premises. If the tenant pays the entire amount of back rent due and owing along with the court costs on or before the court date, then the landlord is required to dismiss the rent and possession lawsuit

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The landlord is required to demand the rent by serving an 5 day eviction notice before the lawsuit is filed. In order to file this suit, the landlord should go the Circuit Court that handles evictions for the jurisdiction where the property sits.

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The landlord should tell the Court Clerk that they need to file an eviction case for Rent and Possession. There will be a filing fee. The Court will prepare a Summons and serve (deliver) it on the tenant. The Summons will tell the tenant when and where the court date is. If the tenant does not show up to court on the court date, the landlord will win by default. The judge can award possession as well as money damages.

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If the tenant does show up, then the judge will examine evidence and allow both sides to tell their side of the story. It is advisable that the landlord bring all witnesses, documents (eviction notice, lease, etc.), and other evidence to prove their case. If the judge rules for the landlord, the judge can award possession, damages (back rent), or both.

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A judgment becomes final 10 days after it has been entered. An appeal will not stop the execution of the judgment unless the defendant posts a bond in an amount approved by the judge who presided over the action. After an order for possession is entered, the Sheriff executes on the order and ejects the occupants. The client must provide movers and securing personnel at the time of eviction. Each sheriff has individual requirements for the number of movers.

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thanks

Barrister