Tenant eviction is a messy business. It can be stressful, expensive, and overwhelming. However, when the situation calls for it, it must be done. If you need help evicting an unruly tenant, Young Management can help.
Our professional team is well-versed in the Missouri landlord-tenant law. They will make the eviction process quick and at the least cost to you.
What is a tenant eviction?
This is the legal process of removing a tenant from a rental property by the landlord. To remove a tenant, you must have a legal cause or reason. Common reasons that Kansas City landlords have include:
- The tenants fail to pay the rent.
- The renter remains in the property without renewing their lease. This situation is also known as “unlawful detainer”.
- Excessive property damage by the tenant. For example, missing door handles, broken bathroom tiles, unapproved painting by the tenant, and burns and chips in laminate countertops.
- Keeping other tenants and/or pets not unauthorized by the landlord.
- Causing excessive disturbance to other tenants.
- Engaging in illicit acts in the rental property.
Young Management Eviction Process
Whichever the reason for the eviction, the landlord needs to adhere to the laws related to the Missouri eviction process. Evicting a tenant through “self-help” means is illegal in Missouri.
In Missouri, the process of eviction starts after issuing the renter with a formal eviction notice. Whereas no statute specifically states the amount of notice to give, landlords generally give the tenant a few days to either vacate the premises or pay due rent.
The notice type needed will be determined by the motive for the eviction. For non-payment of rent, the landlord needs to give the tenant a “demand for rent’ notice. The notice should state that the renter has x number of days to either pay rent or vacate.
If the tenant fails to act after the days stated, you can file for their removal in a small claims court.
You can, in some cases, give the renter a 10-day notice to leave. Unlike the “demand for rent” notice, the 10-days’ notice doesn’t provide the tenant time to remedy the issue.
The situations where you can give the tenant a 10 days’ notice are as follows:
- Seriously damaging the rental unit or surrounding property.
- Assigning or subletting the rental unit without consent.
- Unlawful acts, such as prostitution, gambling, or sale, possession, or supply of banned drugs.
- Lease violations.
After the successful filing of the eviction lawsuit, the court’s clerk will issue a summons. After the summons is issued to the tenant, a court date will be scheduled within twenty-one days.
At the hearing date, each party will be given adequate time to present their evidence. Assuming the case favors you, the court will issue you with a “Judgement for Possession.” The tenant will have ten days to vacate the property.
If the tenant still doesn’t leave after the 10 days, the court will issue you a “Writ of Execution”. This gives the sheriff’s office authority to forcefully eject the renter from your premises.
To learn more about our eviction services, kindly contact us. Young Management will be happy to help.
To contact us, please call us at:
- 913-359-7444
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