Missouri Unlawful Detainer With Damages

State:
Missouri
Control #:
MO-EVIC2-PKG
Format:
Word; 
Rich Text
Instant download

Description

This package contains the notices required by state law to be provided to a tenant before an eviction complaint is filed in court. The package contains a variety of notices, so that a landlord may select the one required under the circumstances involved and applicable statutory requirements. The following forms are included:



Notice to Terminate Year to Year Lease - Nonresidential - 60 Days Prior to End of Term - This form is used by the landlord to terminate a non-residential year-to-year lease (one which continues from year to year until terminated by the landlord or tenant). "Non-Residential" includes commercial or industrial property. The landlord does not need a reason to terminate the lease. The termination notice must be served on the tenant at least 60 days prior to the end of the current lease year. The lease then terminates at the end of the lease year.



30 Day Notice to Terminate Month to Month Lease for Nonresidential from Landlord to Tenant - This form is for use by a landlord to terminate a month-to-month non-residential lease. "Non-Residential" includes commercial, industrial, etc. property. Unless a written agreement provides otherwise, the landlord does not have to have a reason for terminating the lease in this manner, other than a desire to end the lease. A month-to-month lease is one which continues from month-to-month unless either party chooses to terminate. Unless a written agreement provides for a longer notice, 30 days notice is required prior to termination in this state. The notice must be given to the tenant within at least 30 days prior to the termination date. The form indicates that the landlord has chosen to terminate the lease, and states the deadline date by which the tenant must vacate the premises.



10 Day Notice Of Termination - Residential - Chance to Cure Not Required
- This form is used by the landlord to terminate a residential lease due to breach of the lease. "Residential" includes a house, apartment or condo. The reason for termination is identified and the tenant is given no chance to cure the breach, unless the landlord desires (a check-box is used to indicate whether or not the tenant is allowed a chance to cure). The tenant is given 10 days to cure or vacate the premises (or to vacate the premises if cure is not allowed).



30 Day Notice to Terminate At-Will, Sufferance or Less Than One Year Tenancy ?ˆ“ Residential - This form is used by the landlord to terminate a residential "at-will," "at-sufferance," or periodic lease of less than one year. "Residential" includes a house, apartment or condo. An "at-will" lease is one that continues from period to period (for example, month-to-month) and is terminable by either party for any reason or no reason. The "at-will" tenancy includes any periodic tenancy with a period (the interval between rent payments) of less than one year. An "at-sufferance" tenancy is one in which the tenant has no right to be there, but is only tolerated by the landlord.



10 day Notice to Pay Rent or Lease Terminated - This 10 day Notice to Pay Rent or Lease Terminated form is used by a landlord to order the tenant to either pay the overdue rent by a stated deadline or move out of the dwelling by the expiration of the time period. (Note: If a written agreement provides for a longer notice, use the notice length stated in the agreement). "Residential" includes a house, apartment or condo. If the tenant fails to pay or move out by the deadline, the landlord may begin eviction proceedings in court. If the landlord does not elect to proceed with termination or eviction but instead agrees to accept rent after the termination date stated in the notice, the lease is generally reinstated.

Title: Understanding Missouri Unlawful Detained with Damages to Protect Property Rights Description: Missouri unlawful detained with damages is a legal process used by landlords and property owners to regain possession of a property and seek financial compensation for damages caused by a tenant or occupant in violation of a lease agreement or rental contract. This comprehensive guide provides a detailed description of Missouri's unlawful detained laws, identifying different types and offering relevant insights for landlords and property owners. Keywords: Missouri unlawful detained, damages, property rights, lease agreement, rental contract, eviction process, tenant eviction, landlord rights, property ownership, legal process, financial compensation, rent arrears, property damage. Types of Missouri Unlawful Detained with Damages: 1. Nonpayment of Rent: When a tenant fails to pay rent as per the lease agreement or rental contract, landlords can initiate the Missouri unlawful detained process to evict the tenant and claim unpaid rent owed. This type of unlawful detained may also include damages for late fees and other related expenses. 2. Expiration of Lease: If a tenant remains on the premises even after the lease term expires or fails to renew the lease agreement, the landlord can file for unlawful detained with damages. This allows the landlord to regain possession of the property and seek compensation for damages caused during the extended occupancy. 3. Lease Violation: When a tenant violates specific terms or conditions outlined in the lease agreement or rental contract (e.g., unauthorized pets, subletting without permission, excessive noise, etc.), landlords can pursue an unlawful detained action to remove the tenant and recover damages associated with the violation. 4. Property Damage: In cases where a tenant causes substantial damage to the rental property beyond normal wear and tear, landlords can pursue an unlawful detained action with damages. This allows the landlord to evict the tenant for property damage while seeking compensation for repair costs and restoration expenses. 5. Nuisance Behavior: If a tenant engages in disruptive, unsafe, or illegal behavior within the property, thereby affecting the peaceful enjoyment of other tenants or neighboring properties, landlords can pursue an unlawful detained with damages. This type of detained aims to remove the tenant and compensate for any monetary losses incurred due to such actions. Conclusion: Knowing the various types of Missouri unlawful detained with damages is crucial for landlords and property owners to protect their rights and interests. By understanding the eviction process and seeking legal aid, landlords can navigate through these situations effectively, minimizing financial losses and preserving the integrity of their rental properties.

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  • Preview Missouri Landlord Notices for Eviction / Unlawful Detainer Forms Package
  • Preview Missouri Landlord Notices for Eviction / Unlawful Detainer Forms Package
  • Preview Missouri Landlord Notices for Eviction / Unlawful Detainer Forms Package
  • Preview Missouri Landlord Notices for Eviction / Unlawful Detainer Forms Package

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To appeal the case, the tenant must file a notice of appeal before the eviction is carried out. Also, to stop the eviction from happening during the appeal, the tenant must pay the judgment and continue to pay rent during the appeal.

In Missouri, the average cost for a landlord to file for eviction is $56, and is as low as $33 in some counties. The fees vary widely across the country, and are set in often ?arbitrary? ways, the researchers found, but with significant effects. Nationally, fees range from $15 to $350, and the average is $132.

Once the landlords serves their tenant in Missouri with a notice, next the landlord must file an unlawful detainer lawsuit in the appropriate court of law. After filing an unlawful detainer, the court's clerk will provide the landlord with two copies of the summons and complaint.

Missouri Eviction Timeline Steps of the Eviction ProcessAverage TimelineIssuing an Official Notice5-60 daysIssuance and Serving of Rule for Possession4 days before the hearingCourt Hearing and Judgment15-21 daysIssuance of Writ of Restitution10 days1 more row ?

After You've Served Notice If your tenant refuses to move out then the next step is to go to court. If you win the family member can have as much as 28 days in which to pack their belongings and leave. If he or she still doesn't move then you'll need to obtain a warrant for possession and get bailiffs involved.

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Defendant(s) shall refrain from all activities that damage the premises or cause waste of the premises. If the plaintiff so elects, the plaintiff may sue for possession alone, without asking for recovery of the rent due. 2.It takes an average of 1 month to 3 months for a complete eviction process in Missouri. Unlawful Detainer (Chapter 534, RSMo). 1. Landlord's action for possession on nonpayment of rent, Chap. Missouri law also allows landlords to remove persons who are not lawfully occupying the property. Eviction. A tenant may sue a landlord if all or part of the. Although not raised on appeal, the Court of Appeals shall give such judgment as the trial court ought to give. For a complete overview of the security deposit laws in Missouri, please click here. A landlord may not evict a tenant without a court order.

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Missouri Unlawful Detainer With Damages