Q: I co-own a house in Missouri. Are there any procedures for kicking out a 3rd party not on the deed or a lease/contract
The party is not on any paperwork to be able to live in the home. They have been told to leave many times and have refused. Now they are threatening to use their mailing address to demand an official eviction. Is this necessary?
A: Could give and notice to vacate then sue for unlawful detainer.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
Here's a general overview of the situation:
1. Establishing tenancy:
In many jurisdictions, including Missouri, a person can establish tenancy even without a written lease or being on the deed. This can happen through verbal agreements or by the property owners allowing the person to stay for an extended period.
2. Tenant vs. guest:
The key distinction here is whether the person is considered a tenant or a guest. If they've been receiving mail at the address and have been living there for a while, they may be considered a tenant under the law, even without formal paperwork.
3. Eviction process:
If the person is considered a tenant, you may indeed need to go through a formal eviction process. This typically involves:
- Providing written notice to vacate
- Filing an eviction lawsuit if they don't leave
- Attending a court hearing
- Obtaining a court order for eviction
- Having law enforcement remove the person if they still refuse to leave
4. Self-help eviction:
It's generally illegal to forcibly remove someone or change the locks without going through the proper legal channels, even if they're not on the lease or deed. This could potentially lead to legal troubles for you.
5. Specific to Missouri:
Missouri law typically requires landlords to provide written notice before filing for eviction. The notice period can vary depending on the situation, but it's often 10-30 days.
Given the complexity of this situation and the potential legal implications, it would be advisable to consult with a local real estate attorney or a tenant rights organization in Missouri. They can provide more specific guidance based on current laws and your exact circumstances.
Remember, while going through an official eviction process may seem cumbersome, it's often the safest legal route to ensure you're protected from potential lawsuits or other legal complications.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
