There are several types of evictions that can be filed in Missouri. Though Rent and Possession and Unlawful Detainer cases are the most common. Review below to see what type of case has been filed against you.

Learn what a summons, petition, and complaint are.

When your landlord initiates legal action, you may receive a Summons through personal service, certified mail, or posting on your door. Seek legal advice promptly to understand your rights and obligations when served with a Summons.

In certain situations, the court may grant a request for a continuance. This allows for more preparation time and can be requested if both parties agree, there are valid reasons, or trial preparation is incomplete. If needed, ask the judge for a continuance during the proceedings.

Before trial, try to reach a written agreement with the landlord. Make sure you understand it before signing. Protect your own interests as the landlord’s attorney represents them, not you. Ask the judge for clarification but remember they cannot provide legal advice.

Make sure you have the correct date and time you are supposed to appear in court. Bring copies of important documents if needed.

How to find out when to go to court and what to bring with you.

During a trial, you have the option to request a jury trial, or the judge will decide the case in a bench trial. Your landlord will present their evidence, and you will have the chance to cross-examine and present your defense. The judge will then make a decision known as a judgment.

Agreements with your landlord may result in a consent judgment, which cannot be appealed. Failure to appear in court can lead to a default judgment in favor of the landlord. A judgment in favor of the landlord can entail monetary obligations or eviction, while a judgment in favor of the tenant allows them to remain in the property.

After a possession judgment is issued, you have 10 days to vacate. If you don’t move out, the landlord can request the sheriff to physically remove you without notice. Contact the sheriff with your case details to ask about the execution of the evicition.

Seek legal advice before filing a motion to set aside a default judgment, as it can lead to additional landlord rights. Default judgments are not favored by courts, so under certain circumstances, you can ask the court to set it aside. You need to show “good cause” for not appearing and present a “meritorious defense.” File a written motion, request a prompt hearing, and serve the motion and notice to your landlord. Filing a motion does not automatically stop eviction, so ask the judge for a temporary stay. Serve the documents promptly, and if the default judgment is set aside, a new court date may be scheduled.

In Missouri, landlords must obtain a court order to evict tenants, and “self-help” evictions are prohibited. If illegally locked out, tenants have the right to seek assistance, regain access through a locksmith, and pursue legal action for damages.

When a tenant abandons a rental property, the landlord must follow specific steps before taking action. They must post a notice stating the belief of abandonment. If the tenant doesn’t respond within the given time and is significantly behind on rent, the landlord can enter the unit and remove belongings. The tenant can prevent this by paying rent or responding within 10 days to confirm their occupancy.

A lease is an agreement between a tenant and a landlord regarding use of the house or apartment the tenant rents from the landlord. 

Before signing the lease, read it carefully and talk to your landlord if you have any concerns or need changes. Make sure the lease includes everything you agreed to and understand important details like rent amount, late fees, and utility responsibilities. Check the property thoroughly, and keep receipts for any payments made, including the security deposit.

Consider alternative rentals if the place is not fixed up and the landlord seems difficult. If you choose to stay, create a written repair list, give a copy to the landlord, and request a signed agreement for repairs by a specific date.

Negotiation can help solve a dispute inexpensively. Talk to your landlord about a specific problem and try to find a solution to which you both can agree.

A security deposit is required when moving into a rental property to cover damages and unpaid rent. The deposit should not exceed two months rent and must be accompanied by a receipt. After moving out, the landlord has 30 days to return the deposit or provide a list of deductions.

The landlord must receive your permission for any changes to the lease while it is still in effect.

Landlords must follow obligations to create a habitable and safe environment. They must fulfill repair obligations and respect the privacy of their tenants.

As a tenant, it is important to fulfill your responsibilities. This means being compliant with the lease, as well as guest policies.

A tenant has rights to live in a safe and habitable home, with exclusive possession and control. The property should be suitable for its intended purpose as a dwelling, and you have the freedom to invite guests onto the premises.

A landlord must make repairs to keep the rental property “up to code”. A tenant has different legal options to get needed repairs, but the tenant must provide notice and meet other requirements.

Tenants have the right to repair and deduct if their landlord refuses to make repairs to their unit. However, tenants must meet certain requirements, such as living in the home for at least 6 months, paying all rent and charges, and notifying the landlord in writing. The repairs must address issues related to habitability, sanitation, or security, and the cost cannot exceed certain limits based on the monthly rent.

Withholding your rent puts you at risk of your landlord filing an eviction lawsuit against you and therefore should be used as a last resort. Prior to withholding rent, notify your landlord in writing, documenting the communication. Keep records of emails, texts, and copies of letters sent. It is crucial to set aside the withheld rent, paying the landlord once the repair is completed.