Missouri Eviction Law
Missouri eviction law addresses various scenarios in which a person refuses to vacate someone else’s property. Tenants are not the only ones who refuse to vacate property. Sometimes property owners refuse to leave following a foreclosure, guests decide to stay beyond their welcome, and trespassers decide to permanently occupy someone else’s property. Missouri eviction law has three different kinds of lawsuits designed to address each of these, and other, situations. One cause of action is called rent and possession. Landlords typically file a rent and possession lawsuit to evict tenants behind in rent. The other scenarios are handled by a cause of action called forcible entry and unlawful detainer and by another called ejectment.
Rent and Possession
In a rent and possession lawsuit, the tenant must owe past due rent and be in possession of the property. If the tenant pays the full amount of past due rent at any time prior to the commencement of trial, then the tenant gets to stay, and the suit is dismissed. If, prior to filing the lawsuit, the tenant has vacated but still owes rent, then the landlord simply files a lawsuit for breach of lease.
Unlawful Detainer
Unlawful detainer occurs when the owner no longer agrees to let a person possess the property. This scenario typically occurs when a tenant refuses to leave after a lease has terminated. If the landlord has not consented to the tenant staying beyond the lease termination, then the landlord simply files for unlawful detainer.
However, the landlord might create a month-to-month tenancy by consenting to the tenant staying past the termination date, typically so long as the tenant continues to pay rent each month. This arrangement typically is not in writing. Nonetheless, under Missouri eviction law, such an arrangement gives rise to an enforceable lease. A month-to-month tenancy can be terminated only by giving the tenant the notice required under Missouri eviction law. And a lawsuit for unlawful detainer can be filed only after the notice has been properly served on the tenant and the tenant still refuses to leave. Terminating a month-to-month tenancy is somewhat tricky and technical and is best done by an experienced attorney. Making a mistake in either drafting or serving the notice can delay eviction by months.
Unlawful detainer is also used when a property owner refuses to vacate following a foreclosure sale of their property. However, just as with a month-to month tenant, proper notice under Missouri eviction law must be given to the former owner before filing for unlawful detainer. But the type of notice required in this circumstance is significantly different than the notice required to terminate a month-to-month tenancy. However, messing up this notice will, as with a notice of terminate a tenancy, likely cause a dismissal of the lawsuit and delay the eviction. Therefore, it is best to retain experienced legal counsel to handle unlawful detainer lawsuits.
Ejectment
Finally, ejectment is typically used when there is no landlord tenant relationship, although it can be used for that too. But unlike rent and possession and unlawful detainer, ejectment can include a judgment for the removal of either a person or their personal property, or both. For example, ejectment can be used to remove a neighbor’s fence, shed, or flower bed that crosses the property boundary line.
This article is for general informational purposes only. It is not intended as legal advice.
Sewell Law represents landlords and others in real estate and business matters and in civil litigation. Please contact Michael Sewell at (314) 942-3232 or at michael@sewelllaw.net to discuss your legal matters.
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