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Landlord/Tenant

General Obligations

Landlord-tenant disputes are a common occurrence in the renting process, and many could be avoided if both parties are aware of their rights and responsibilities.

Landlords should:

Make property habitable before tenants move in.
Make and pay for repairs due to ordinary wear and tear.
Refrain from turning off a tenant’s water, electricity or gas.
Provide written notice to tenants when ownership of the property is transferred to a new landlord. 
Not unlawfully discriminate.

 

Tenants should:

Pay rent on time.
Use reasonable care and not damage property.
Properly dispose of garbage.
Refrain from taking on additional occupants or subleasing without the landlord’s written permission.

 

For additional resources, including a pamphlet from the Missouri Attorney General on Landlord-Tenant Law, please click here.

General Procedure

Please note:  When proceeding as either a Pro Se Plaintiff or Pro Se Defendant, you are representing to the court that you understand the law and legal procedures that need to be followed in your type of case, and you are fully capable of representing yourself.  The clerk’s office cannot give you legal advice or assist you with any documents that need to be filed.  If you are unable to proceed on your own, you will need to consult an attorney.

 

To begin filing, you will need to submit a:

1. Petition
a. There is no state approved pro-se Petition for the courts to provide. If you do not know how/where to obtain the petition on your own, you may wish to seek the assistance of an attorney.  
4. Any other necessary paperwork
5. Court costs of $48.50

 

Upon filing, you will be given a court date, generally within 21 business days, and the summons paperwork. It is your responsibility to deliver the summons to the Sheriff/Process server and pay them any necessary fees.

Posting: If the summons is not able to be served personally, you may submit a Motion to Post to the court. Once an Order to Post is issued, the Sheriff/Process Server will post the summons to the door of the premises. If the Defendant is served by posting and does not appear for Court, you cannot get a money judgment.

If the judge rules in your favor, you will be given a judgment of possession. If tenant fails to vacate the property within, you can file for an execution a minimum of 10 days after the Judgment was entered, and the Sheriff’s Department will stand-by while the eviction is enforced.

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