Missouri Landlord Eviction Process

Ask Your Question For Free

Summary

Missouri landlords can sue for unpaid rent, late fees, and damages exceeding the security deposit. Proper service of eviction notices is crucial for legal proceedings. If tenants are unlocatable, service by publication is allowed. Garnishment of wages is possible if the tenant is employed. Consult a legal professional for guidance.

Full Conversation

Oops... Hang on...
That's alright, Lesa. Take your time. Once you're ready, please confirm if you have a written lease agreement that includes these charges. This will help to clarify your rights as a landlord in Missouri.
Anyway, the damages she left... the cost to repair and clean the place up to rent again, totals well over her security deposit. So, I can go after the costs above the security deposit correct?
Yes, in Missouri, you can claim the costs of damages that exceed the security deposit. However, you must provide an itemized list of deductions and return any remainder within 30 days of the tenant's departure.
And yes, my lease addresses the above points, except I'm going to need to double check to see if holdover charges are addressed.
That's good, Lesa. If your lease does include holdover charges, you may claim them from your tenant. However, if it's not mentioned, Missouri law doesn't generally award holdover charges.
Due to her not paying June's rent, it has put me in a financial hardship. Is it acceptable to get bids or estimates on the work that has to be done, or does it have to be receipts and the work have to be completed? I know it's 1 months that you have to either return all our part of the tenants deposit or provide a list or proof of the expenses. But I truly don't think I would be able to get the repairs and the cleaning done within one month's time.
Hello Lesa, in Missouri:
- It's generally acceptable to provide estimates for the work.
- However, it's recommended to have completed work with receipts for transparency.
- If you can't complete repairs within a month, try to document and communicate this to the tenant.
Oh no... Lol. Our landlord and tenant relationship turned bad out of the blue. I decided that I was done when she threatened to kick my "butt", and then pulled a gun on me! ???? To be honest, I think she has stopped taking her meds. ????????
I'm sorry to hear about your situation, Lesa. In Missouri, threatening someone with a gun may be considered assault. You should report this to the police. Do you have any evidence of these threats? If so, this could be useful in your case.
I called the police to make a report because I definitely wanted it documented. The police acted like I was in the wrong and she had every right because that is were she resides. I was there per her request, scheduled a plumber to come, and it was prearranged, acknowledged, and was by her request. I was a bit confused.
I understand your confusion, Lesa. In Missouri, landlords do have a right to enter the property for repairs, especially if prearranged. However, it's best to avoid confrontations. Consider using a process server or law enforcement officer for any future interactions.
I saw that w months from our incident, she pulled and threatened her neighbor across the street. This time she was taken to jail for an overnight and has an upcoming court date.
That's a serious situation, Lesa. This incident could potentially support your case. However, it's best to consult with a legal expert. Do you need assistance finding a suitable lawyer in Missouri?
Well if my crazy tenant would of paid June's rent, I might of been able to afford one. Lol. I'm going pro-se with help and direction from you and this app.
Alright, Lesa. We're here to assist you. In Missouri, representing yourself in court is known as "pro se". Make sure to:
- Document everything
- Present evidence
- Follow court procedures
Feel free to ask any questions you may have about the process.
There is one thing that I think is going to be an issue and I'm not sure what I need to do or if I need to do, to keep my case moving forward. So I'll run it by you. LOL. I'll try to condense this as much as I can. Husband and wife were both on the lease and still are husband moved out but never asked me taken off the lease. They are currently in the process of a divorce. Wife and her two adult children remained at the property. So because husband's name was still on the lease I'm assuming whatever I give her, i have to notify/serve the same to him. So I filed my eviction petition on */*. The courthouse lady said it will only be served to the rental address. (But he doesn't reside there anymore). She and her two grown kids vacated the property on July 7th. Her certificate of mailing informing of the court date in the summons arrived at the rental property mailbox on July 9th. She wouldn't give me a forwarding address on her. She's on disability she doesn't work. However I do have his work address and name and where he's residing at address. But is there anything I need to do if so what? It's currently neither one of them have been served or notified since they both vacated the property before the day service came in the mail. Any suggestions?
Hello Lesa, in Missouri:
- Both tenants on the lease must be served eviction notices.
- If you have the husband's new address, consider mailing the notice there as well.
- If you can't locate them, you may post the notice on the premises or publish it in a local newspaper.
- Consult with a lawyer or legal professional for further guidance.
I've been keeping up information both of them of *-day notice to quit and anything else that I would give one I would make sure to give the other. However when I filed the petition for the eviction in the court, I was told that when I actually filed my petition with the court, they do the motion to post. So currently neither one of them have been informed because they were both gone by the time the notice arrived in the mailbox. So, do I need to provide the court with hims mailing info and tell them they need to resend? And how do I go about even tracking her address down?
Hello Lesa, in Missouri:
- Yes, you should provide the court with the husband's mailing info.
- You could hire a private investigator or use online resources for tracking down her address.
- As a last resort, posting the notice on the property or in a local newspaper is permissible.
But the only one left at the property to see the posted notice.... Is me! Lol. And if it's done through newspaper posting, if they never saw the paper or was never made aware that the suit was going on, is that exceptable, and the case can just move forward without their knowledge?
Hello Lesa, in Missouri:
- If you can't locate your tenants, service by publication (newspaper) is allowed.
- The case can proceed even if they don't see the notice.
- However, for a judgment to be enforceable, you must show the court that you made every reasonable effort to serve them.
She has a court at the end of August and another on at the end of September. (Totally unrelated) But I really didn't want to wait that long to get this thing over with. And even if I do get a judgment I don't see her planning on bringing her checkbook to court and just write me out of check. LOL so how is it reinforced that she actually pays if a judgment has been ordered
In Missouri, if a judgment has been ordered and the debtor fails to pay:
- You can request a wage garnishment order from the court.
- You can seek a lien on their property.
- If the debtor fails to comply, they may be held in contempt of court.

Remember to consult with a legal professional for further guidance.
Can't garnish SSDI. What property? They rent and drive his brother's truck. Lol.
In Missouri, if the debtor has no wages or property to garnish:
- You can have the judgment renewed every 10 years.
- You can also sell the debt to a collection agency.
- Unfortunately, there's no guarantee of payment if there's nothing to garnish.
Now, he is employed. I can garnish from him , yes? Which is sad because all of this situation is done by her.
In Missouri, if the husband's name is on the lease:
- You may garnish his wages to satisfy the judgment.
- However, you must obtain a court order first.
- Remember to consult with a legal professional for further guidance.
So, to recap.... I need to go to courthouse and explain that we need to try to server them another way. ???? Why can't people just do the right things when they are supposed to.... Like pay their Damned rent! Lol. Thank for your help
Yes, Lesa, you summed it up correctly. Go to the courthouse, explain the situation and request to serve them using an alternative method. It can be a tough process dealing with difficult tenants, but you're doing great. Feel free to ask if you have more questions.