There are specific steps that landlords in Missouri must follow in order to legally evict a tenant. These steps include:
Terminating the tenancy: Landlords must provide the tenant with written notice to vacate the property, either through a notice to quit or a notice to vacate. The length of the notice period required depends on the terms of the tenancy and the reason for the eviction.
Filing an eviction lawsuit: If the tenant does not vacate the property by the end of the notice period, the landlord can file an eviction lawsuit, also known as a forcible detainer suit, with the court.
Serving the tenant with the lawsuit: The landlord must serve the tenant with a copy of the eviction lawsuit, either personally or through certified mail.
Tenant response: The tenant has the right to respond to the eviction lawsuit by filing an answer with the court.
Court hearing: The court will schedule a hearing, at which both the landlord and tenant can present their arguments. If the court finds in favor of the landlord, it will issue a judgment of possession in favor of the landlord.
Execution of judgment: If the tenant does not vacate the property after the judgment of possession is issued, the landlord can request that the court issue a writ of possession, which allows the landlord to have the tenant forcibly removed from the property by the sheriff.
It is important for landlords to follow the proper legal process when evicting a tenant, as failure to do so can result in legal consequences. If you are a tenant being evicted unlawfully please contact Apex Law Firm.
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