Housing & Utilities
EVICTION
The possibility of being evicted can cause stress and fear for anyone. It is important that you know your rights as a tenant.
Get Help: Landlord/Tenant Assistance Resources
MISSOURI
Missouri Landlord Tenant Law
Missouri Attorney General’s Know Your Rights Guide
Missouri Eviction Process:
To legally evict you, your landlord must file a lawsuit in court. If sued, you should receive a Petition and Summons, telling you when and where to appear in court, and what your landlord is demanding. If you ignore the suit, a default judgment may be entered against you. Contact an attorney as soon as you are sued or notified that your landlord plans to evict you.
Usually the judge will hear your case on the first court date and not continue it. If you have a claim against your landlord, you must file it in writing with the court by the court date.
If the summons was only posted on your property (not hand-delivered to you or your family by a process server), your landlord may only be able to get a judgment for "possession," but no rent. Possession means possession of the apartment or house, not your property.
A landlord is prohibited from illegally evicting you without a court order, i.e., by locking you out, removing doors to your home, shutting off your utilities, or removing you or your property. You should call your local police or city officials if this happens.
Source: Legal Aid of Western Missouri
KANSAS
Kansas Residential Landlord and Tenant Act
Kansas Tenants Handbook
Kansas Legal Services Tenant Issues & Rights
Kansas Eviction Process:
The first step of the eviction process in Kansas is the delivery to the tenant of what is called a three-day notice (notice to vacate). The notice advises the tenant that she must correct a lease violation or vacate the premises within the three-day period of time set forth in the notice. For example, if the notice is provided because the tenant failed to pay rent, she must pay the rent due and owing within the three-day period or move out of the property. If the tenant fails to comply with the provisions of the three-day notice, the landlord has the legal right under Kansas law to pursue an eviction lawsuit. Notice must be given at least 3 days before the initiation of the lawsuit.
The second phase of the eviction process in Kansas is a forcible detainer case. Forcible detainer is an eviction lawsuit in the state of Kansas. A forcible detainer case is filed in the county or district court in the county where the property is located. The case is filed pursuant to the provisions of the Kansas limited actions law, found at Kansas Statutes Annotated, Chapter 61. A preliminary hearing and ultimately a trial is scheduled for the case. If the landlord prevails, the court issues both an order granting a judgment in his favor as well as what is known as a writ of assistance/restitution.
The writ of assistance is an order directing the county sheriff to remove the tenants from the rental property if they do not voluntarily vacate following the court judgment. The writ of assistance directs the sheriff to remove the tenant within 10 days of the issuance of that order. Entry to the property may be by whatever means necessary to affect the court order.
Source: Johnson County, KS Sheriff’s Department