Are you facing the difficult task of evicting a family member in Missouri? Know that you’re not alone. This blog article will guide you through the process, providing you with the necessary information and tips to make it as smooth as possible.
We’ll discuss the legal steps involved in evicting a family member in Missouri, including the notice period required and the grounds for eviction. We’ll also provide practical advice on how to approach the situation sensitively and respectfully, while protecting your rights as a landlord.
Whether you’re dealing with a non-paying tenant or a family member who has overstayed their welcome, this article will empower you with the knowledge and resources you need to navigate this challenging situation.
So, let’s dive right in and explore the ins and outs of evicting a family member in Missouri.
How To Evict a Family Member In Missouri
Evicting a family member can be a difficult and emotional process. However, it is important to remember that you have the right to protect your property and your rights as a landlord. If you are considering evicting a family member, it is important to follow the proper legal procedures.
1. Give Proper Notice
The first step in evicting a family member is to give them proper notice. In Missouri, you must give the tenant at least 30 days’ written notice to vacate the property. The notice must be delivered to the tenant in person or by certified mail.
2. File a Complaint with the Court
If the tenant does not vacate the property after receiving the notice, you will need to file a complaint with the court. The complaint should state the grounds for eviction, such as nonpayment of rent or violation of the lease agreement.
3. Attend a Court Hearing
Once you have filed a complaint, the court will schedule a hearing. At the hearing, you will need to present evidence to support your claim for eviction. The tenant will also have the opportunity to present their case.
4. Obtain a Judgment
If the court finds in your favor, you will be granted a judgment for possession of the property. This judgment will give you the legal right to evict the tenant.
5. Enforce the Judgment
Once you have obtained a judgment, you can enforce it by having the sheriff evict the tenant. The sheriff will physically remove the tenant from the property and return possession to you.
6. Seek Legal Help
If you are considering evicting a family member, it is important to seek legal help. An attorney can help you understand your rights and responsibilities as a landlord and can guide you through the eviction process.
How Much Does it Cost to Evict a Family Member in Missouri?
Evicting a family member can be a difficult and expensive process. The cost of eviction will vary depending on the specific circumstances of the case, but there are some general costs that you can expect to incur. These costs include:
| Expense Category | Estimated Cost ($) |
|---|---|
| Filing fee | Varies by county |
| Service of court | $50 |
| Service of writ of possession | $50 |
| Legal fees | $500-$10,000 |
| Average locksmith fees | $160 |
- Filing fees: The filing fee for an eviction case in Missouri is $50.
- Service of process: The cost of serving the eviction notice to the tenant is typically between $50 and $100.
- Attorney fees: If you hire an attorney to represent you in the eviction case, you can expect to pay between $500 and $10,000.
- Court costs: The court may also charge additional fees, such as a judgment fee or a fee for issuing a writ of possession.
FAQs: Evicting a Family Member in Missouri
Here are some of the most frequently asked questions about evicting a family member in the Missouri:
What are the grounds for evicting a family member in Missouri?
In Missouri, you can evict a family member if they have violated the terms of their tenancy, such as not paying rent or breaking the lease. You can also evict a family member if they are causing damage to the property or engaging in illegal activities.
What is the process for evicting a family member in Missouri?
The process for evicting a family member in Missouri is similar to the process for evicting any other tenant. You must first give the family member a written notice to vacate the property. The notice must state the reason for the eviction and the date by which the family member must leave. If the family member does not leave by the deadline, you can file an eviction lawsuit with the court.
Can I evict a family member if they are not on the lease?
Yes, you can evict a family member even if they are not on the lease. However, you will need to prove that the family member is a tenant and that they have violated the terms of their tenancy.
What are some tips for evicting a family member?
Here are some tips for evicting a family member:
- Document everything: Keep a record of all communications with the family member, including any notices to vacate and any incidents of damage or illegal activity.
- Be prepared to go to court: If the family member does not leave by the deadline, you will need to file an eviction lawsuit with the court.
- Get help from a lawyer: An attorney can help you with the eviction process and ensure that your rights are protected.
What are some resources for help with evicting a family member?
There are a number of resources available to help you with evicting a family member, including:
- The Missouri Bar Association: https://www.mobar.org/
- The Missouri Legal Aid Society: https://www.molegalaid.org/
- The Missouri Department of Social Services: https://dss.mo.gov/
Related:
How to Evict a Family Member in New Mexico