Missouri Eviction Procedures

The word eviction is often misused. Eviction is the process by which a landlord expels a tenant through legal means. Missouri law establishes procedures for evictions. Since landlords or authorities may not always follow these procedures, you should know your rights and how the process works. The landlord must have a valid reason to seek an eviction, and a court must rule in favor of the landlord before issuing an eviction order.

Violation of the lease could be a reason for eviction (nonpayment of rent is probably the most common). If a tenant fails to pay rent, the landlord can, using lawful means, oust the tenant and all subtenants.
(§535.010)

If you don’t have the landlord’s permission before subleasing or assigning your lease, if you permit waste to the property, or if you violate your written lease, the landlord can legally order you out in 10 days. (§441.030 - 441.040) In an attempt to recover rent or possession of the premises, the court may also allow the landlord to recover up to twice the amount of the rent due. (§534.347)

HOW EVICTION WORKS

If you have not moved out by the deadline, the landlord may seek an eviction order in Magistrate Court. After the landlord files that petition, the court will issue a summons for you to appear in court. The summons will specify the type of action and the date and time you must appear in court. You will also get a copy of the declaration filed by your landlord’s attorney stating the complaints against you and the request to the court for damages. You will have about five days from the date you receive the
summons until you must appear in court.

If you get a summons, contact an attorney or BCT immediately!

If you appear, the court will hear both sides. At this hearing, you should present evidence showing why you should not be evicted. Unless the suit is dropped, the court will eventually rule in favor of you or the landlord.

If the landlord is suing you for nonpayment of rent (rent and possession suit), you should pay the rent and court costs before the court rules on the case. If you do pay, the case ends unless the landlord makes an appeal or application for trial de novo. (§535.160) If you don’t pay, the court will rule in favor of the landlord. The landlord then gains possession of the property and is discharged from the lease. This also applies to unlawful detainer suits, e.g., Carbonetti v. Elms, 261 S.W.748.

Pay your rent by check or get a receipt signed by your landlord!! If you can’t prove you paid the rent, the court must rule for the landlord. (§535.040)

If the court rules in your favor, you can stay in your place. If you lose, the court will order you to vacate the premises within a short period of time, usually about five days. (§535.040) The landlord can legally charge you double rent for the time you lived in the place past the deadline. (§441 .080) When you lose in court, you lose in a big way. You are still liable for the rent for the remainder of the lease. (§441 .770)

However, if your written lease contains a clause declaring the lease forfeited for the nonpayment of rent for a specified time, no process shall issue against the lessee until the expiration of the specified time.
(§535.050)

IMMEDIATE EVICTION

The court can order the immediate eviction of a tenant under certain
circumstances (§441 .740):

1. An emergency situation where the passage of time could cause physical
injuiy or physical damage to the property that would cost more than twelve months’ rent to repair.

2. Drug-related criminal activity has occurred on or in the leased property.

3. The leased property was used in any way to further, promote, aid or assist in drug-related criminal activity.

4. The tenant allowed or invited someone onto the property otherwise barred from the property.

The court will not order immediate eviction if you can prove that you in no way participated in or knew about the events listed above, or that you seek a
protective order, restraining order, order to vacate the premises, or report the activity to the appropriate agency in a proper
amount of time (§441.740).

UNLAWFUL EVICTION

The landlord can’t legally come into your dwelling and remove or confiscate your possessions. If the landlord attempts to unlawfully evict you, you legally can and should:

1. Get help and witnesses immediately. Call the police and tell them someone is causing a disturbance. Call BCT or an attorney.

2. State that the landlord has no right to evict you unless the proper legal procedures are followed.

3. Refuse the landlord entrance to your apartment. Physically block the doorway if necessary. Don’t initiate any violence.

4. State that if the landlord touches you, he! she will be liable for battery.

5. State that you will bring charges of theft if the landlord threatens to remove your possessions.

If the landlord uses these tactics to enter your dwelling, he!she may be charged with forcible entry and detainer. (§534.020)

A landlord may also be charged with forcible entry and detainer if he!she removes or excludes a tenant or the tenant’s personal property from the premises without a court order or interrupts essential services such as electricity and water. (§441.233)

When some landlords (lawfully or otherwise) try to evict tenants, they have the police present. The police are there only to prevent violence! They can’t help evict tenants!

Only the sheriff can do that, and he must have a court order when he does.
Please refer to Appendix F for a complete copy of the laws pertaining to Unlawful Entry and Detainer: RS Mo. §534.020.