How Do I Evict My Mentally Ill Child in Missouri?
Full Question:
Answer:
Generally, a person without a written lease is considered a month-to-month tenant-at-will and must be provided with one month's written notice to vacate in Missouri (60 days if residing in a mobile home). In certain situations involving threats of physical or criminal harm, such as domestic violence, property damage, or drug use, emergency eviction proceedings may be requested from the court and no notice is required.
Please see the following MO statutes:
441.060. Tenancy at will, sufferance, month to month, how terminated —
judgment of eviction, how effectuated, landlord's liability. —
1. A tenancy at will or by sufferance, or for less than one year, may be
terminated by the person entitled to the possession by giving one month's
notice, in writing, to the person in possession, requiring the person in
possession to vacate the premises.
2. An occupancy limitation of two persons per bedroom residing in a
dwelling unit shall be presumed reasonable for this state. The two-person
limitation shall not apply to a child or children born to the tenants
during the course of the lease.
3. Except as otherwise provided by law, all contracts or agreements for
the leasing, renting or occupation of stores, shops, houses, tenements or
other buildings in cities, towns or villages, and of stores, shops, houses,
tenements or other buildings except when such leasing, renting or
occupation is as tenant of real estate used or rented for agricultural
purposes, other than garden purposes, not made in writing, signed by the
parties thereto, or their agents, shall be held and taken to be tenancies
from month to month, and all such tenancies may be terminated by either
party thereto, or the party's agent, giving to the other party, or the
party's agent, one month's notice, in writing, of the party's intention to
terminate such tenancy.
4. (1) Except as provided in subdivision (2), the landlord or the tenant
may terminate a month-to-month tenancy by a written notice given to the
other party stating that the tenancy shall terminate upon a periodic
rent-paying date not less than one month after the receipt of the notice.
(2) When a person occupies and has an ownership interest in a mobile home
and is leasing the land or the lot upon which the mobile home is located, a
tenancy for less than one year may be terminated by the landlord by giving
written notice to the tenant that the tenancy shall terminate not sooner
than sixty days from the date the rent payment next becomes due,
notwithstanding any written lease provision regarding earlier lease
termination to the contrary.
5. If after the rendition of a judgment and a request for an execution
on any judgment rendered in an action pursuant to chapter 524, RSMo,
chapter 534, RSMo, chapter 535, RSMo, or this chapter and there is no
stay of execution, the service officer fails to deliver possession of the
premises to the landlord within seven days of the delivery of the writ to
such officer, the landlord may, within sixty days of the date of the
judgment, in the presence of a municipal or county law enforcement
officer of the jurisdiction in which the premises are located, without
breach of the peace, break and remove locks, enter and take possession of
the premises and remove any household goods, furnishings, fixtures or any
other personal property left in or at the premises, provided the law
enforcement officer is first presented a true copy of the judgment and
order of execution, and the law enforcement officer acknowledges in
writing such presentation, and such acknowledgment is filed in court by
the plaintiff within five days following taking possession of the
premises.
6. Except for negligent, willful or wanton acts or omissions of the
landlord, or failure to both timely obtain and file the law enforcement
officer acknowledgment described in the preceding subsection, the landlord
shall have no liability for loss or damage to any household goods,
furnishings, fixtures or any other personal property left in or at the
dwelling unit, by reason of the landlord's removal of the property in
accordance with the provisions of this section.
441.720. Expedited eviction actions, where filed, when continued or
stayed. —
1. Actions pursuant to sections 441.710 to 441.880 shall be filed in the
associate circuit court for the county in which the premises are located.
Upon filing of a verified petition alleging the conduct described in
section 441.740, the court shall issue a summons directed to the defendant.
The provisions of sections 535.030 and 535.110, RSMo, shall apply to
actions brought pursuant to sections 441.710 to 441.880. The court shall
set for hearing a cause of action brought pursuant to sections 441.710 to
441.880 as soon as practicable but in no event shall such hearing be held
later than fifteen days following the service of the summons.
2. The court shall, subject to the provisions of section 441.880,
neither continue or stay an action brought pursuant to the provisions of
sections 441.710 to 441.880 except for compelling and extraordinary
reasons.
441.740. Immediate eviction ordered, when — immediate removal ordered,
when. —
1. The court shall, subject to the provisions of sections 441.750 and
441.880, order the immediate eviction of a tenant as set forth in section
441.770, or issue an order pursuant to section 441.830, if it finds any
of the following:
(1) An emergency situation where dispossession of the tenant by other,
less expeditious legal means would, because of the passage of time,
imminently cause with a reasonable certainty either of the following:
(a) Physical injury to other tenants or the lessor; or
(b) Physical damage to lessor's property and the reasonable cost to
repair such damage exceeds an amount equal to twelve months of rent; for
the purposes of this paragraph, the term "rent" shall include the amount
owed by the tenant along with any subsidy owed from any third party;
No action shall be taken under this subdivision unless the lessor first
makes a reasonable attempt to abate the emergency situation through
public law enforcement authorities or local mental health services personnel
authorized to take action pursuant to section 632.300, RSMo, et seq., as
appropriate.
(2) Drug-related criminal activity has occurred on or within the property
leased to the tenant;
(3) The property leased to the tenant was used in any way to further,
promote, aid or assist in drug-related criminal activity;
(4) The tenant, a member of the tenant's household or a guest has engaged
in drug-related criminal activity either within, on or in the immediate
vicinity of the leased property;
(5) The tenant has given permission to or invited a person to enter onto
or remain on any portion of the leased property, and the tenant did so
knowing that the person had been removed or barred from the leased property
pursuant to the provisions of sections 441.710 to 441.880; or
(6) The tenant has failed to promptly notify the plaintiff that a person
whom the plaintiff previously had removed from the property leased by the
tenant, with the knowledge of the tenant, has returned to, entered onto or
remained on the property leased by the tenant.
2. The court shall, subject to the provisions of section 441.880, order
the immediate removal of any person who engages in criminal activity
described in this section on or in the immediate vicinity of the leased
property. Persons removed from the leased premises pursuant to this
section shall be immediately barred from entering onto or remaining on
any portion of the leased property.
441.780. Notice not required in certain eviction actions, when. —
Notwithstanding any other provision of law concerning the procedures
otherwise used in eviction proceedings, it shall not be necessary, except
as provided in section 441.750, to provide notice to the tenant to vacate
the premises prior to filing a cause of action pursuant to sections 441.710
to 441.880.
