Eviction Process Legal Steps

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Summary

Missouri landlord seeks advice on eviction process and recovering owed rent. Learn about service by publication, small claims lawsuits, and lease responsibilities. Consult a local attorney for specific guidance.

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We are in the process of an eviction. I followed all the steps and time line and filed for elections for possession and money due me. (1 months rent, service and filing fees, late fees, and holdover charges. A couple w/ w kids rented it over * yrs ago. Both mom and dad were on the lease agreement. They are currently in the middle of a divorce and the dad hasn't lived there for over * yrs but never asked to be removed from the lease. So both of them are still listed on the lease. When I filed the petition, he wasn't residing there but she was, so the court said they were only sending the summons to the rental address where she was still living at. By the time the court got around to attempting service of the summons, she and her (now adult) children had vacated. So what do I do now. The court is attempting service at the rental address, and now no one resides there to get served. ????
Hello Lesa, based on your situation, here are the steps you can take:
- Check if Missouri allows service by publication or posting in eviction cases when the tenant can't be located.
- If allowed, follow the court's process for this type of service.
- After proper service, continue with the eviction process.
Please consult an attorney for more detailed advice.
Meanwhile...
Hello Lesa, thank you for your response. It's advisable to consult with an attorney to understand the best course of action in this situation. They can guide you on how to proceed with eviction when the tenant can't be located. Would you like help finding a local attorney?
I have no idea where she and the kids moved to to track her down. I do have the dads home and work address though
Hello Lesa, you may serve the summons to the father's address since he's also on the lease. This is under the assumption that Missouri law allows it. Confirm with a local attorney or the court for the most accurate information.
At this point the "possession" isn't the issue. But I want what $ is due me! Will the court continue to move forward to address the $ owed, or am I going to have to file or refile something else?
Hello Lesa, you will likely need to file a separate small claims lawsuit for the owed money. This differs from the eviction process. Please consult a local attorney or the court for accurate information regarding this process in Missouri.
The petition that I filed was for, "landlord's petition for rent and possession". It doesn't necessarily matter if both issues (rent & possession) were listed on the petition?
Hello Lesa, Missouri law does allow for both possession and rent to be included in the same petition. It's advisable to consult with a local attorney to ensure your petition is correctly filed and you're following the correct procedures.
Lol.... I AM consulting an attorney... via you! Lol. I know, I know.... This just assists me with knowledge, not representation. ????
Hello Lesa, you're absolutely correct! While we can't provide representation, we can give you legal information. Remember, the information we provide should be used in conjunction with legal advice from an attorney. If you have more questions, feel free to ask!
One last question. Since both of the kids are now adults and we're still residing at the rental, could they also be included as defendant in this case, or would I have had to officially add them to the lease for them to be considered one of the responsible parties?
Hello Lesa, in general, unless the adult children were officially added to the lease, they typically wouldn't be considered responsible parties. However, this can depend on specific state laws. Please consult a local attorney for the most accurate advice for Missouri.
Okie dokie. Thanks so much for you assistance.
You're welcome, Lesa! If you have any more questions in the future, don't hesitate to ask. Good luck with your situation!