Missouri Tenant Information

Missouri Tenant Information – Renters Rights

 

What are my rights as a renter or tenant?

As a renter, you have a right to enjoy the peaceful possession of the property you have rented. Once you have signed a lease agreement, the landlord must notify you of, and you must agree to, any new terms or changes. Specifically, you have a legal right to:

• A property that is capable of being lived in.
• Have the rental property and appliances maintained and in compliance with applicable housing and building codes.
• Safe, secure common areas in apartment and housing complexes, and they must comply with applicable codes.
• Live on the property as long as you pay your rent. A landlord cannot evict you without a court order and must not have utilities disconnected unless there is an emergency (e.g., repairing a leak).
• Pay only the rent specified in your lease agreement. If you are renting month-to-month, the landlord must provide you 30 days notice of any rent increase.

The landlord is legally obligated to comply with the terms of the lease, just as the renter is obligated to abide by the terms. You may have the right to move out or terminate the lease if the landlord fails to make major repairs that put the health and safety of you or your family at risk.

 

Tenants Defending an Eviction Forms

Download How to answer an eviction forms in each state.

Tenant Defence Forms

 

The Missouri eviction process has two procedures for evictions: rent and possession for nonpayment of rent; and unlawful detainer. The latter process is for holdovers and for particular lease violations that warrant an eviction.

No Self-Eviction

No landlord may evict a tenant without a court order. Self-eviction includes such acts as turning off utilities, padlocking the doors or changing the locks, removing the tenant’s personal belongings, threatening the tenant with violence or any other action designed to force the tenant to vacate the premises.

A landlord may be liable for to up to twice the damages incurred by a tenant who proves the landlord committed such acts.

 

MO Eviction Notice Requirements

The Missouri eviction process does not specify a particular notice requirement in cases of nonpayment of rent; only that a demand that the rent be paid. The landlord should at least give the tenant a few days to pay the overdue rent since most states have 3-7 day notice requirements.

The Missouri Eviction Notice must be served either personally on the tenant or by leaving it with a person at least 15-years of age who lives on the property. If no one is present, the server may post the demand and complete a sworn affidavit attesting to service.

For holdovers and lease violations such as creating a nuisance, having unauthorized persons living on the property, or for any other substantial violation, the landlord must serve a 30-Day Notice to Vacate or to comply with the lease provision, if it can be remedied.

A Missouri eviction notice does not need to be served if there is unlawful drug-related or any violent criminal activity. The landlord does not have to wait for a conviction in these cases and may immediately apply to the court to begin the eviction action.

The demand to pay or the notice to vacate may be served by either the landlord or his or her representative.

If You Need an Eviction Notice for Missouri, We recommend this Missouri Eviction Notice Kit. This has everything you need to do an eviction in Missouri and we’re currently offering it at a special discounted price.

 

Rent and Possession Actions

In nonpayment of rent cases and after a written demand has been made, the landlord must submit an affidavit to the circuit court where the property is located. The affidavit must set forth the terms on which the property was leased, a description of the property, the amount of rent owed, that a demand was made and that compliance was not forthcoming.

Once accepted, the clerk issues a summons with a court date indicated and an order to show cause directed to the tenant why possession of the property should not be returned to the landlord. A tenant can stop the eviction and have the eviction action dismissed if he or she tenders the entire amount due along with court costs before the court date.

 

Missouri Eviction Unlawful Detainer Actions

Once the notice period for noncompliance with the lease or for a holdover has expired and the tenant has not complied, the landlord must file a court case called an “Unlawful Detainer Action.” The Landlord must submit a sworn Landlord’s Complaint to the appropriate circuit court with a description of the leased property, the nature of the noncompliance, and the name of who committed the breach. Once accepted, the clerk will issue a summons.

 

Service of Summons

The summons is to be given to the sheriff or other court officer to serve the tenant. A court date will be scheduled for not more than 21-days after the summons is issued unless the landlord requests a later date.

The summons may be served personally, on a person at least 15-years of age who resides on the property, or by posting and mail. If the tenant is not served personally or on a person of suitable age, the landlord may only obtain possession of the property and may not collect any monetary damages. Also, if service is by posting, the landlord must file a motion and obtain a court order to do so.

If the tenant has any counterclaims, they must be submitted in writing before the court date.

 

Court Date

Eviction trials are before a judge only. If the landlord proves his or her case or the tenant fails to appear, the court will issue a judgment for possession to the landlord. In unlawful detainer cases, the tenant may be ordered to pay double the amount of rent for the time he or she remained after the date the tenant was to vacate the property.

 

Tenant Defenses

A tenant in the Missouri eviction process may assert any of the following defenses:

• The breach of a lease provision is not substantial enough to warrant an eviction.
• The tenant had no prior knowledge of the criminal activity that is the basis of the eviction.
• The tenant reported the unlawful activity by another person on the lease or someone over whom the tenant has control to the landlord.
• The allegations are false.
• There was improper service.
• The notice does not specify a reason for eviction.
• The landlord waived eviction by accepting rent.
• The eviction is in retaliation for the tenant having filed a complaint regarding the condition of the property.
• The eviction is based on the tenant’s religion, race, sex, national origin, creed, sexual orientation, age, marital or family status, or disability. In Kansas City, civil rights laws prohibit an eviction based on the tenant’s sexual orientation.

 

Judgment and Writ of Execution

After the judgement is issued, the tenant has 10-days to file an appeal. The court will issue a Writ of Execution if requested by the landlord after the 10-day period. The writ is given to the sheriff’s office, which schedules an eviction date. The writ does have an expiration date and the landlord must contact the sheriff’s office at least 7 days before the expiration of the date.

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Here is a great Free Eviction guide

http://lsem.org/files/8714/0025/7770/You_and_your_Landlord.pdf

 

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