What is needed to evict a tenant for non payment?
01/15/2009 - Landlord Tenant - State: MO #15007
I need all of the forms to file with the court to evict a tenant for non payment of rent.
Eviction is a legal process by which a landlord may terminate a tenant's right to remain on the rental property. Ultimately, the tenant may be forcibly removed from the property by the sheriff or other law enforcement official; however, doing so requires a formal court order. A tenant can be evicted for numerous reasons, but typically evictions take place where the tenant is in violation of one or more provisions of the lease agreement. Valid reasons for eviction may include failure to pay rent on time. A landlord cannot forcibly evict a tenant without proper notice. The landlord must provide written notice to the tenant of the default. If the tenant does not fix the default within a reasonable amount of time, the landlord must file for a formal court eviction proceeding. Defenses to eviction proceedings may include improper notice, acceptance of partial rent, failure of the landlord to maintain the premises, retaliatory eviction or constructive eviction (when residential rental property is in an uninhabitable condition).
The first step in the eviction process is typically for the landlord to file a complaint or petition with the local court and pay a small filing fee. The tenant must be served with the court documents. In most jurisdictions, once the landlord has filed the required paperwork, a court hearing will be set. In some jurisdictions, the tenant is required to file a written notice or answer. In those jurisdictions, if the answer is not filed, the landlord will prevail without a hearing ever being set. In jurisdictions that do require a hearing, if the tenant does not attend the scheduled court hearing, the landlord will prevail. If the tenant does attend, the court will determine whether the tenant should be evicted and will take into account any defenses the tenant may have. The landlord may be given a monetary judgment for the amount of money owed for rent, attorney fees and costs, and may be granted a writ for possession of the premises. A writ will typically issue a few days after the judgment, allowing the tenant the opportunity to move voluntarily. Once the writ is issued, it may be executed by local law enforcement officials (never the landlord directly) so that the tenant is removed from the rental property and then the landlord is given possession.
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Please see the forms at the following links:
Please see the Missouri statutes at:
01/15/2009 - Category: Landlord Tenant - State: MO #15007
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