landlord/tenant
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:
Tenants should:
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:
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.
unlawful occupant
In situations where a property owner, or an authorized agent of a property owner, of property containing a residential dwelling being unlawfully occupied by someone who is not a tenant, former tenant, or immediate family member of the property owner, the property owner may choose to file a Petition for the Removal of Unlawful Occupant(s).
Clerks can explain the procedures for filing all forms and pleadings necessary for submitting this type of petition to the court.
In order to file a Removal of Unlawful Occupant case, the following will need to be submitted:
- Petition here
- An Addendum for each person being filed against, after the first here
- Confidential Filing Sheet here
- Court costs of $48.50
After everything is submitted, a judge will review the petition. If the judge finds good cause, the judge will immediately issue an order to remove the respondent. The petitioner will need to deliver the service paperwork to the Lawrence County Sheriff’s Office. Please contact their office for service fee and mileage information. Payment to their office will need to be made separately.
Lawrence County Sheriff’s Department
417-466-2131
An order of removal takes effect when entered and remains in effect until the respondent has been served with the petition and a court hearing is held. A hearing shall be held within 48 hours of filing of the verified petition, unless good cause is shown for the delay. An order of removal shall be to protect the petitioner from trespass by an unlawful occupant (or unlawful occupants) and may include other terms the judge deems necessary to ensure the petitioner’s safety.
NOTE: The clerks are here to assist, however, please note it is a violation of the law for clerks to give legal advice. Please avoid asking questions of that nature. If legal advice is needed, please contact an attorney.
