How to Protect Yourself Being Evicted in Missouri?

Rose Singleton
There are a lot of landlords in Missouri who do not follow the law when it comes to eviction. Here are some simple steps to take if you think you are going to be evicted, or have been served a notice of eviction. The most important thing to do is to stay current on your rent. In Missouri, if you are current on your rent you must me given thirty days notice to be evicted. If you are not current on your rent, you can be evicted immediately. Pay your rent, and pay it on time. Pay with a check if possible and insist on getting a receipt. Keep your receipts. Many times when a tenant is evicted, the landlord also tries to sue for unpaid rent. If you do not have cleared checks or receipts it is your word against theirs.

Read your lease carefully and make sure you understand it. Most leases include provisions about pets, but some also include issues like smoking, playing musical instruments, keeping your house clean or keeping the lawn mowed. Make sure you understand and are willing to abide by everything in the lease. If the landlord orally tells you something is okay, get it in writing. Make sure you have a list of any damages to the home before you move in, signed by the landlord. Go through the rental and make sure the list is accurate and complete.

Stay out of trouble. One of the more common reasons people get evicted in Missouri, other than unpaid rent, is criminal activity at the rental unit. If you are receiving housing assistance your landlord is required by Housing and Urban Development (HUD) to evict you if you have engaged in drug related criminal activity, even if you are not arrested. You can also be evicted if a guest engages in drug related criminal activity whether they are staying with you or not. Other types of criminal activity that will get you evicted include damaging the property of the landlord or other tenants, or anything else that affects the quiet enjoyment of their property by other tenants. This can mean that if you throw loud parties or fight with your significant other and the police come more than once, you could be evicted.

If you've been served a court summons to evict you, know what kind of suit has been brought. If your landlord has brought a "Rent and Possession" suit, in theory you can retain your ability to stay in your home simply by paying your rent, even the day of court. If your landlord has brought an "Unlawful Detainer" action, you will be evicted if he wins, whether or not your rent is current. You can find this out by reading the court documents carefully.

Before you move out of the property, take pictures of the condition of your home. This will help to protect you against your landlord later suing you for damages he says you caused while you lived there. It will also help if he tries to retain your security deposit. Make sure that the pictures are dated- digital pictures are best for this purpose. Also make a written inventory of any damages you may have caused while you lived there, for your own records.

Once you move out, your landlord has ten days to return your security deposit or send a letter detailing why any portion of it is not being returned. Your landlord may keep any unpaid rents or other damages incurred out of your security deposit. If your landlord does not comply with this, send him a certified letter requesting the return of your security deposit. If he still does not comply, you may sue him in small claims court providing the deposit was less than $3000.

Published by Rose Singleton

I currently live in the State of Missouri and am a legal professional and parent.  View profile

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