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Unlawful detainer is also used when a property owner refuses to vacate following a foreclosure sale of their property. However, just as with a month-to month tenant, proper notice under Missouri eviction law must be given to the former owner before filing for unlawful detainer.
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.
Comply With the Demand for Rent, If Possible If you are being evicted for not paying rent, then you will receive a demand for rent. If you comply with the demand by paying all the rent due and owing, then, in Missouri, the landlord must not proceed with the eviction (see Mo. Rev. Stat.
A Motion to Set Aside (Cancel) Order for Summary Eviction allows the tenant to ask the court to "set aside" (annul or do away with) the eviction order based upon some legal reason why the order should never have been issued in the first place or has been satisfied.
(b) Physical damage to lessor's property and the reasonable cost to repair such damage exceeds an amount equal to twelve months of rent; for the purposes of this paragraph, the term "rent" shall include the amount owed by the tenant along with any subsidy owed from any third party.