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Hoorfar Law: What We Do - Evictions

Evictions

How We Can Help

Our law office helps both tenants and landlords through the eviction process. We can assist landlords in removing an unwanted tenant, obtain an eviction, and receive a money judgment for past due rent and possibly court fees, attorney's fees, and other fees.

We also assist tenants in the eviction process by attempting to negotiate with landlords to keep you in the property and to allow you to catch up on your past due rent. We also make sure that the landlords are not violating your tenant's rights and are not removing you from the premises illegally.

Landlords

We help landlords in Missouri, Kansas, and Oklahoma remove unwanted tenants from their rental properties. For a minimal fee, we initiate the eviction lawsuit, serve the tenant with the court paperwork, attend the eviction hearings, and obtain the eviction and a money judgment.

An eviction in Missouri and Kansas is a two part process. Landlords need to obtain an eviction from the courts to legally and appropriately remove the tenants from the rental property. Landlords also need to obtain a money judgment to be able to go after the tenant and collect on any unpaid rents, damages to the property, and possibly court fees and attorney's fees.

Tenants

Our law office assists tenants through the eviction process and work towards stopping an eviction and keeping the tenant in the rental property.

In Missouri, Kansas, and Oklahoma, tenants have rights that are afforded to them. Those rights should be protected and our law office works to protect those rights. Our law office will negotiate with your landlord to work out a deal to allow you to catch up on your past due rent, utilities, and other charges while keeping you in the rental property. It is important to consult our law office when in an eviction so you can have someone who effectively protects your rights and works for you.

Frequently Asked Questions

What happens if I don't have a lease?

If you do not have a written lease, then the length of your lease is determined by the interval in which you pay rent. For example, if you pay rent on a weekly basis, then you have a lease that is only good for one week. Once you make another weekly rent payment, you renew your lease for another week.

I am behind on my rent. What is going to happen?

If you are behind on your rent, then chances are that you have violated your lease. If you have violated your lease, for any reason, then your landlord has the ability to evict you and remove you from the premises. However, in order to remove you, the landlord must take you to court. If the landlord does not take you to court, the landlord cannot force you to move.

My landlord shut off my utilities because I was behind in rent. Is that legal?

Probably not. Your landlord can only shut off the utilities to the premises after the landlord has taken you to eviction court and won. Without taking you to eviction court, the landlord cannot shut off your utilities. If they do, you can sue your landlord for an unlawful eviction.

My landlord took me to eviction court, when do I have to move out?

If you have a court date but it has not yet happened, you need to speak with one of our attorneys regarding your options. If the court date has already passed and you did not go to court, then you will most likely have ten (10) days from your court date to move before the Sheriff comes and removes you and your property from the premises.

My landlord took me to eviction court and I lost. Can I appeal?

Yes, but you only have ten (10) days to file your notice of appeal. You will also have to pay your landlord for the back-owed rent until your appeal is finished.

What is a landlord required to provide?

All landlords are only required to provide basic housing needs, such as the ability to heat your home, cool your home, and have running water and working plumbing. The law does not require the landlord to provide anything else.

I have a tenant that I need to evict because they are behind on rent. Do I have to serve them with court papers?

Yes. In order to get a money judgment against a tenant, meaning they are required to pay you for the back-owed rent, you must have the tenant personally served with the court paperwork. If you are wanting the tenant removed but do not want back-owed rent, then the court paperwork can be posted on the door of the premises and the tenant does not have to be personally served.

My landlord took my deposit and won't tell me why, is that allowed?

No. A landlord must provide a detailed statement to the tenant of the expenses and items the security deposit was used for.

Can I withhold my rent until my landlord fixes my place?

It would not be smart to do so. In Missouri, the law allows a tenant to deduct the cost of certain repairs from the monthly rent. In order to do so, the tenant must have lived in the property for six (6) consecutive months, be current on all previous rent, have no lease violations, and give the landlord fourteen (14) days to make the repair. The rent deduction must be less than $300 or one-half of a month's rent, whichever is greater.

My tenant is engaging in criminal activity in my property, can I expedite the eviction process?

Yes. If a tenant is engaging in criminal or drug activity in your property, our office can speed up the eviction process. A police report evidencing the criminal or drug activity will greatly help your case.