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I live in Missouri and need to get an unlawful detainer

Customer Question
I live in Missouri...

I live in Missouri and need to get an unlawful detainer form

Lawyer's Assistant: Has any paperwork been filed?

No, I don't know what to do

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

They assaulted me, behind on rent, destroyed property, an doing meth and pot, an selling as well

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Missouri

Submitted: 4 months ago.Category: Real Estate Law
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Answered in 6 minutes by:
11/24/2017
Real Estate Lawyer: Barrister, Lawyer replied 4 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 41,063
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

The eviction summons and complaint forms are available from the local clerks at the courthouse at no cost to you. This is a link to samples of what they should look like and instructions:.

.

MO Eviction Docs

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They are for Kansas City, but the all follow the same format.

.

.

thanks

Barrister

.

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Customer reply replied 4 months ago
I went to courthouse. They said I cannot use eviction process as they live in basement of my house and I need an unlawful detainer. It is not the same as an eviction. I've already been to the website. Eviction is for separate apts/homes, etc. These folks are living in my basement. They told me unlawful detainer is for relatives or friends who won't leave or for people in my basement since they are under my roof
Customer reply replied 4 months ago
No, you can tell me here
Customer reply replied 4 months ago
I also got restraining orders on their teen kids
for the assaults so they had to leave, but parents are still here
Customer reply replied 4 months ago
They won't leave and have not paid rent
Customer reply replied 4 months ago
I want them to vacate but I need the correct form.
Customer reply replied 4 months ago
Are you there?
Real Estate Lawyer: Barrister, Lawyer replied 4 months ago

Just a minute please..

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Customer reply replied 4 months ago
This is a rip-off!
Real Estate Lawyer: Barrister, Lawyer replied 4 months ago

Did you give them any written notice to move out of the property?

.

Are they supposed to pay you rent?

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Real Estate Lawyer: Barrister, Lawyer replied 4 months ago

Just to be clear, this isn't a "forms website" where forms are provided to customers.. It is a website where people ask questions, like "How do I get people out of my basement in MO?" and then the attorney experts research the applicable laws and provide information on how to go about doing things..

.

So have you given them any written notice to vacate, like 30 days?

.

And are they supposed to pay you rent for living there?

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Customer reply replied 4 months ago
Gave a typed written 30-day notice to vacate. Police said not good enough. Had to be an official unlawful detainment, then after due process, sheriff removes them
Customer reply replied 4 months ago
there was an oral agreement to pay rent $500 mo, no written lease
Real Estate Lawyer: Barrister, Lawyer replied 4 months ago

Ok, now we are getting somewhere.. You have just started the process, but didn't have enough detail to follow through...

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The police aren't involved at all unless there is a crime occurring and not moving out is not a crime. The drugs...yes, you could call them for that.. But not moving out is a civil matter.

.

So you start out with the 30 day notice to vacate signed by you and then deliver a copy to them. You keep a copy.

.More to come..

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Real Estate Lawyer: Barrister, Lawyer replied 4 months ago

Or you can give them a written "unconditional quit" notice as allowed under MO Statutes 535.010 for not paying rent and list the total amount of rent they owe you.

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You are legally their landlord under an oral month to month tenancy agreement and you have to evict them just like a landlord does. An "unlawful detainer" is just the legal name for an eviction. In some states it is called a "forcible detainer". but it is just an eviction...

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Once you have given proper notice, and any time has expired, you can then go down to the local courthouse and file the formal paperwork, consisting of the summons and complaint for the UD action. The clerks will set a hearing date where you appear in court and tell your story to the judge. After that, you get a judgment against the tenants.

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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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So you started the process, but you just need to finish it now through the courts..

.

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thanks

Barrister

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Real Estate Lawyer: Barrister, Lawyer replied 4 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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Barrister
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Category: Real Estate Law
Satisfied Customers: 41,063
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Experience: 17 years real estate, Realtor. Landlord 26 years

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