Are you a landlord or landlady? Has your tenant stopped paying rent? Understanding the legal processes and tenant rights is important to handle this situation successfully. Keep reading to learn more about how the eviction process works in Chesterfield, Missouri, so you can navigate it with confidence.
Two Types of Evictions
There are two types of evictions. Let’s take a closer look at each one of them.
Eviction with Cause
Evicting a tenant before their lease or rental agreement expires requires a valid legal cause in Missouri. The most common one is when a tenant fails to pay rent on time. Other reasons include lease violations or illegal activities conducted within the rental unit.
To initiate an eviction, you must first give the tenant a notice. The type of notice would depend on the reason for the eviction.
Demand for Rent
If a tenant fails to pay rent on the due date, you can issue this type of notice.
Ten-Day Notice to Vacate
If your tenant has violated the lease agreement, sublet the unit without your consent, or caused significant property damage, you can issue this type of notice.
Eviction without Cause
If you don’t have a valid reason to evict a tenant early, you must wait until the tenancy term has expired.
What should you do if you have a month-to-month rental agreement with your tenant? To terminate this type of tenancy, you must give your tenant a one-month written notice specifying the move-out date. If your tenant doesn’t vacate by that date, you could then file an eviction lawsuit.
Tenant Eviction Defenses
It’s worth keeping in mind that even if you have a legitimate reason for eviction, your tenant may choose to fight it.
Tenant Removal Process
If your tenant refuses to vacate the rental unit even after a successful eviction, you should know the proper legal procedures. In Missouri, only law enforcement officers have the authority to physically remove a tenant from a rental unit.
Dealing with an Abandoned Property
When a tenant moves out, they may leave personal property behind. You have specific responsibilities regarding these belongings:
Notification: You must notify the tenant about any abandoned property via mail to the tenant’s last known address.
Ten-Day Response Window: After receiving the notice, the tenant has ten days to respond and claim their property. If the tenant fails to do so, you have the green light to dispose of the items.
Purpose of These Rules
While the eviction process and rules surrounding abandoned property may appear cumbersome, they ensure that evictions are carried out fairly and in accordance with the law. They prevent unauthorized and potentially harmful attempts to remove tenants.
Eviction is a major event in a tenant’s life, resulting in the loss of the place they call home. The legal rules and procedures grant tenants the necessary time to secure alternative housing.
At Keathley Law Office, LLC, we work hard to help property owners and tenants handle disputes smoothly. We understand that these disputes may be stressful, and we strive to make the process as straightforward as possible.
Do you want to start an eviction process in Chesterfield? If you need help, please contact Ben today at 314-312-2244 or email him at law@benkeathley.com.