Chicago, IL asked in Small Claims for Missouri

Q: In missouri what is the difference between an eviction and an unlawful detainer

My friend is in jail and he gave me p.o.a for the purpose of moving his things out of his moms house..I've tried 2 times with police and she has denied and cops say there's nothing they can do its civil and she hasn't filed for evictuon..meanwhile she is selling his personal belongings..on the 4 she filed for an unlawful detainer..can I use my power of attorney now and to get his stuff and can I go to court for him

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2 Lawyer Answers
Ronald J. Eisenberg
Ronald J. Eisenberg
PREMIUM
Answered
  • Chesterfield, MO
  • Licensed in Missouri

A: Two primary types of cases in Missouri for a property owner to retake possession are rent-and-possession and unlawful detainer cases. “Eviction” can be the result of a judgment for possession. Those causes of action are controlled be different statutes. Rent-and-possession are filed when the lease term has not expired but the tenant isn’t paying rent. Unlawful detainer cases are filed against defendants who once had permission to occupy the property but have remained in possession after they no longer had a right to be there, such as after the lease term expired.

Ronald J. Eisenberg
Ronald J. Eisenberg
PREMIUM
Answered
  • Chesterfield, MO
  • Licensed in Missouri

A: You posted your question with a reference to small claims. But the actions I described get filed in the associate division of the court, not the small claims division.

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