Missouri Complaint for Unlawful Detainer - Tenant Holding Over After Expiration of Term

State:
Multi-State
Control #:
US-03329BG
Format:
Word; 
Rich Text
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Description

A forcible entry is an entry on real property in the peaceful possession of another, against the occupant's will, without legal authority, with actual or threatened force. Forcible detainer arises after entry, whether forcible or not, and usually consists of the unlawful holding of real property by force or by threats or menaces after a peaceable entry -- as in the case of a hold-over tenant.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Unlawful Detainer (UD or eviction) cases are by statute initially restricted from public access for 60 days, and do not appear on the Case Number Search. If you are a participant in a restricted UD case and want to view the ROA, enter the information below to search for your case.

This notice gives the tenant only 10 days to vacate the rental property. If the tenant does not, the landlord can file an eviction lawsuit against them in court.

After the Writ of Execution has been served to the tenants, they will be given a grace period of 5 days to vacate the property. The sheriff will execute the eviction and forcibly remove them if they remain in the property after the grace period given to them.

To start the eviction process against a holdover tenant, you must serve them a 30-Day Notice to Quit. This will give the tenant 30 days to move out. If the tenant doesn't move out, you can escalate the matter further by filing a complaint with the court. Expect to pay anywhere between $55.50 and $121.50 in filing fees.

How Long Does an Eviction Stay on Your Record? An eviction itself doesn't appear on your credit report. However, any unpaid rent and fees could be sent to collections and remain on your credit report for seven years from the original delinquency date.

A Demurrer is filed by the tenant to say the Complaint doesn't include all the facts or legal requirements to prove they should be evicted. A Demurrer can delay the case by a few weeks, and if the tenant wins, you might have to start the case all over or even have to give the tenant a new Notice.

For example, if a landlord successfully proves their case in court and obtains a judgment for possession, they can legally regain control of the property. The court may also award the landlord compensation for any unpaid rent or other damages incurred during the eviction process.

A Motion to Quash Service is filed when you say the landlord didn't serve the Summons and Complaint properly. If you win, the landlord has to re-serve the Summons and Complaint. If the landlord wins, you'll have to file an Answer to the Complaint right away.

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Missouri Complaint for Unlawful Detainer - Tenant Holding Over After Expiration of Term