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Understanding Landlord Tenant Disputes in Missouri


When a person who rents an apartment or commercial space (called a tenant) stops paying rent to the person that owns the property (called a landlord), the legal system is needed to resolve the dispute when the parties can’t resolve it themselves.  This blog has been created to inform both landlords and tenants of their rights when a dispute over rent occurs.

The law as it relates to landlords and tenants in Missouri is pretty clear and easy to understand.  Nevertheless, an attorney is often needed to file the proper documents and make the proper arguments. Even in situations where an attorney is not necessary, one may be useful in ensuring that your rights as a landlord or tenant are protected.


What is a rent and possession action?

  • A rent and possession action is brought by a landlord in order to recover past due rent and to take possession of the property by terminating the lease.



What is an unlawful detainer action?

  • An unlawful detainer action can be brought by a landlord in order to remove a tenant who remains in possession of property after the lease has been terminated.



What is the difference between a rent and possession action and an action for unlawful detainer?

  • In a rent and possession case, a tenant can remain at the premises for the remainder of the lease so long as they pay the back rent that is owed. After a successful unlawful detainer case, the tenant can not continue living at the premises as the lease has been terminated. Unlawful detainer cases have a more specific demand requirement and generally take longer, but counterclaims can not be raised by the tenant.



Can the landlord just change the locks and throw me out of the property?

  • No.  A landlord does not have the right to remove a tenant from the premises without a court order.  A court order is an official proclamation from a judge that requires a party to do something (like pay rent) or refrain from doing something (like evict a tenant).



What must a landlord do before bringing an action for rent and possession?

  • A landlord can not bring an action for rent and possession until the landlord or an agent of the landlord makes a demand that past due rent be paid.  Rent must actually be due and must be late according to the terms of the lease before the landlord can demand it.  A demand is simply a statement (either written or oral) by the landlord demanding that the tenant pay for rent that is owing to the landlord.  This demand must be made to the tenant, lessee or other person who is occupying the premises and it is a good idea to make the demand in writing.
  • After demand has been made, the landlord can file an affidavit with the circuit court to recover possession and past due rent.  An affidavit is a technical legal document that contains certain specific allegations.  An attorney should be used to make sure that the affidavit contains all of the required information and is filed properly.



What Missouri law provides the procedure for bringing a rent and possession action?

  • Section 535.020 of the Revised Statutes of Missouri (R.S.Mo.)



How can a landlord get possession of the premises?

  • Make a demand for payment of rent
    • This can be done by writing a letter to the tenant stating that the tenant owes rent and this rent must be paid as soon as possible.
    • This can also be done by simply asking the tenant to pay the rent due


  • File affidavit with the court
    • There is no limit to how soon after issuing a demand that a landlord can file a rent and possession suit with the court.  The landlord can file suit the very same day that demand is issued to the tenant.


  • Serve tenant with notice of affidavit
    • This should be done by the sheriff’s office or by a special process server.


  • Argue for possession on the court date


  • Follow instructions of the sheriff to recover possession



What will the court evaluate in making its decision whether to issue a judgment and order for possession to the landlord?

  • If the landlord shows that rent has been demanded and payment of such rent along with all costs has not been made to the judge, the judge will render judgment for possession of the premises and for the amount of the rent due plus court costs.  This means that the judge will issue a court order requiring the tenant to leave the property and requiring the tenant to pay a certain amount of money to the landlord.



Once a rent and possession action is started, is the tenant required to give up possession unless he or she has a defense?

  • No.  If the tenant can make payment of the full amount of rent owed along with court costs, the tenant retains possession and the lease continues as before.



If the tenant can’t pay the back rent, what defenses can a tenant raise in order to prevent a landlord from taking possession and being awarded a judgment for past due rent?

  • A common defense raised by a tenant is that the landlord did not comply with the implied warranty of habitability.  This warranty provides that the landlord is responsible for making the premises habitable for the tenant’s residential use.  Essentially, the landlord is required to make sure appliances work and that the property is safe and quiet such that a reasonable person could live there.
  • If the property is defective, a tenant may be able to offset some or all of the rent that is due to the landlord.



Does a tenant get a jury trial in a rent and possession case?

  • Generally, a jury trial is not available in a rent and possession action.  The judge in the division that handles these cases will decide both the procedural issues and the merits of your case.



Why should I use a lawyer to help me with my rent and possession action?

  • As a landlord, an attorney is crucial to making sure that the proper process is complied with so that you can regain possession of the property and get a judgment for the proper amount.  The affidavit must contain certain information as provided by Missouri statute and the failure to include this information may result in the dismissal of your case.
  • As a tenant, an attorney is important because an attorney can request a trial date that allows you additional weeks to stay in the property.  In addition, the attorney can advocate on your behalf and raise any defenses that may reduce or eliminate the amount of back rent that you owe.  Finally, an attorney can ensure that the proper procedures were followed by the landlord and can force the landlord to re-file a case that was not handled properly, thereby allowing you to stay in the property for an even greater period of time.



What happens if I just don’t respond to the landlord’s affidavit and don’t appear in court?

  • If you do not appear in court, a default judgment will be awarded.  A default judgment means that the landlord automatically wins the case and receives a court order granting the landlord everything requested in the affidavit.  The landlord will be granted immediate possession of the premises as well as a monetary judgment for both back rent and for all costs in bringing the rent and possession action.  Additional costs for late fees, attorney fees and bad check charges can also be included in the judgment.  The sheriff is then required to deliver possession of the premises within five days of receiving the execution.



If the landlord is awarded a judgment against me (the tenant), do I have any other options?

  • Yes.  You may be able to apply for a new trial (trial de novo) with another judge.  You may also be able to appeal the case where another court will review the judge’s decision.



What should you do if you are a tenant served with a rent and possession action or a landlord that wants to remove a non-paying tenant?

  • Speak to an attorney as soon as possible.  My law office has experience handling these types of situations and will work with you to resolve the situation quickly and at minimal cost.  Call the Law Office of Bradley J. Williams and schedule a free consultation to discuss your rights.



Other Websites

The following websites are available for questions related to the legal process.



Disclaimer

The information provided on this page and through the above links is included for informational purposes only. Nothing contained on this page creates an attorney client relationship with the Law Office of Bradley J. Williams. Consult an attorney before relying on any of the information provided on this page.