Monday, January 2, 2023

Filing the Eviction Notices in Missouri



MISSOURI EVICTION NOTICES

My suggestion is to serve all your notices personally with the notice in a sealed envelope. I would avoid any form of talking because you will let your notices do all the talking. Gary and I show the new tenant the quit or pay notice at the lease signing. We tell them the date that the quit or pay notice will be served. Explaining that we could file an Eviction when the rent is late but have chosen to serve a notice. 

We don't get our rent on time
You break the rules
 You get served
Simple!

Notices



A) Non-Payment of Rent:  Missouri is one of the few states in which the landlord can proceed to the Forcible Entry when rent is past due without legally having to serve a notice. The main objective of the landlord is to collect the rent so I would serve a 3-day notice. Just a heads up that you are filing for Eviction if you don't receive the rent. The tenants live week to week, and I feel it is a good business move to give them a grace period.



B) Infractions of Lease:  A 10 Day Notice of Termination of Tenancy is personally served on the tenant, notifying them that they have 10 days to cure the problem. In your rental lease you will have rules and regulations. When the tenants break one of the rules and regulations this notice will be served. If conduct of a similar nature is repeated within 12 months, they are subject to termination without an opportunity to cure



C) End of Tenancy: To end a month-to-month tenancy, landlord must serve the tenant a 30-day notice prior to due date. You will have to serve this notice prior to due date. If you want to end the tenancy on August 1 then you will serve the notice prior to July 1st.


Request for Appointment 
of Special Process Server 

Be sure you request a licensed process server to serve the documents instead of the sheriff. The
All notices should be notarized the day of service and signature of person serving.

If the tenant fails to pay the rent, correct the infraction or move out, you must file an Eviction. Don't do any more talking looking for the shortcut-there is no shortcut. You keep talking to your non-paying tenants and you will get a sore throat and "no rent" clerk can appoint a person other than the sheriff and will need the Request for Appointment of Special Process Server form to be filled out to sign and appoint. We feel that a licensed process server has a higher success rate of getting the defendant served.

Tips for Retrieving Your Rent

1. We show the tenant the quit or pay notice at lease signing. Explaining that if we don’t get all the rent within the time frame stated, we will obtain an eviction to seek relief for rent due and possession.

2. On the rental application, be sure to have a middle initial, birth date, social security number, closest of relatives, preparing yourself with information for the post-judgment proceedings.

3 When the tenant calls regarding the quit or pay notice and ask if they can pay the rent past the time allotted on the notice, make them commit to a time when all the rent will be received with the late fee.

4. Stress at the move-in that the rent is the number one bill. The rent should be paid before paying the cable, cell phone bills, or eating out at restaurants. We want our money.


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Written by a landlord for the landlords in a language they can understand. Cynthia has been a landlord for over 30 years with hundreds of tenants. Representing herself in court since1996 in the Eviction, Small Claims and Post-Judgment Proceedings. Cynthia has been in front of the Judge hundreds of times and her success in the courtroom are the reasons for the Collect Back Rent Training Course for Landlords.  Collecting over $300,000 in judgments and mentored over 4,000 landlords in all 50 states. 

The manual consists of the Notices, Eviction Process for all 50 states, filing the Complaint and Summons to the trial. When the tenant moves out owing rent and/or damages, the landlord will file a Small Claims case. Cynthia starts out with ways to find the former tenants and sending out the Demand Notice., It also details the Small Claims procedure for all 50 states, filing and serving the court documents and preparing for the court hearing. Forms, procedures and courtroom scenarios will make your court date successful!








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