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Missouri Tenant Eviction Process
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In Missouri, if tenants move out before being served an eviction summons, you can request the court to allow service by publication or mail. If you have one tenants new address, you can request the court to serve the summons there. Redirecting mail yourself is not recommended. If tenants are not served, the court may reschedule the hearing. Landlords cannot personally serve summons; use a process server or Sheriffs department. Consult a local attorney for detailed guidance.Full Conversation
Here's where the process is at.... Took the appropriate steps and aware of time lines. So I filed an eviction of my tenants. Requesting possession and unpaid rent, and other fees. The civil process server tried to service and also to post the summons to both tenants at the rental address, which is where they were located when I filed with the court. From when I filed and the processor need his attempt to serve and to post, they had moved out. So, it shows on case net, "Summons Returned Non-Est, vacant house or lot.". So, what happens next since they didn't get served?
Hello Lesa. In Missouri, if the summons wasn't served:
*. You can request the court to allow service by publication or mail.
*. If the court approves, you need to follow the prescribed method.
*. If tenants still don't respond, you can request a default judgement.
Please consult a local attorney for detailed advice.
*. You can request the court to allow service by publication or mail.
*. If the court approves, you need to follow the prescribed method.
*. If tenants still don't respond, you can request a default judgement.
Please consult a local attorney for detailed advice.
The couple is in the process of divorce. I have the address where he moved to. I don't have hers though. She has given me a name of an attorney who supposedly is representing her on this eviction, but there is no entry of appearance and I can't get that attorney to deny or confirm if he is representing her.
Hello Lesa. In Missouri, if you have one tenant's new address, you can:
*. Request the court to serve the summons to the known address.
*. If the husband receives it, it could be considered valid for both.
*. For the wife's attorney, you can notify the court about the situation.
Please consult a local attorney for more details.
*. Request the court to serve the summons to the known address.
*. If the husband receives it, it could be considered valid for both.
*. For the wife's attorney, you can notify the court about the situation.
Please consult a local attorney for more details.
Both of their summons of course came to my rental property address after they had left. Can I write on his envelope "updated address: xxxxx" and put it back for the mailman to take? Will that get that piece of mail forwarded to him, and is it ok for me to do that?
Hello Lesa. Redirecting mail in this way is generally not recommended because:
*. It's not a guaranteed method of delivery.
*. It does not establish a record of successful service.
You should request the court to serve the summons to the new address. Consult your local attorney for more information.
*. It's not a guaranteed method of delivery.
*. It does not establish a record of successful service.
You should request the court to serve the summons to the new address. Consult your local attorney for more information.
When I tried to give them both addresses for both of the tenants, they said that they would only send to the rental property address. Didn't make much sense to me considering the couples not speaking to each other and they are residing in two different addresses. And since they are both still listed as tenants on the lease, I figured that legally everything she received, the he would also have to be notified on.
Hi Lesa, I understand your concern. In Missouri:
*. Both tenants should be notified.
*. If only one tenant is served, it might not be considered valid.
*. Court generally sends notices to the address listed in the lawsuit.
Please consult a local attorney to pursue this matter effectively.
*. Both tenants should be notified.
*. If only one tenant is served, it might not be considered valid.
*. Court generally sends notices to the address listed in the lawsuit.
Please consult a local attorney to pursue this matter effectively.
So, my best beat would to go back to the courthouse and ask for his address to be served? The court date is July 30th, at this point right now, if I just went to the hearing (and obviously they most likely won't be there cuz not notified), what happens at that court date?
Hello Lesa. In Missouri, if you attend the hearing and the tenants are not present because they weren't served:
*. The court may reschedule the hearing.
*. You might be asked to provide evidence of your attempts to serve the tenants.
Consult a local attorney for more specific guidance.
*. The court may reschedule the hearing.
*. You might be asked to provide evidence of your attempts to serve the tenants.
Consult a local attorney for more specific guidance.
So I can serve them the summons to the tenants?
Hello Lesa. In Missouri, as a landlord, you can't personally serve the summons. However, you can:
*. Hire a process server.
*. Use the Sheriff's department.
*. Request the court to mail the summons to the new address.
Always consult a local attorney for accurate guidance.
*. Hire a process server.
*. Use the Sheriff's department.
*. Request the court to mail the summons to the new address.
Always consult a local attorney for accurate guidance.
Ty for all your assistance.
You're welcome, Lesa. If you have any more questions or need further clarification on any points, feel free to ask. It's always a good idea to consult with a local attorney to make sure you're following all the legal procedures correctly.