By: Rick Davis
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A residential eviction is a legal action seeking to remove a tenant from a property due to non-payment or other lease violations. An eviction may also be necessary after a foreclosure to remove tenants from the property.
How long does the eviction process take?
in Kansas, the process generally takes between 25-35 days from filing to the removal of the tenant and in Missouri, it generally takes between 30-60 days. With that being said, there could be issues such as delays with the sheriff’s service or an overloaded court calendar that case the case to move slower.
If the tenant moves from the property subsequent to the case being filed, the court can continue to hear the matter for the purposes of determining any money owed by the tenant. When this occurs, the timeline generally is expanded by several weeks as the court considers the matter to be less urgent since you have regained possession of the property.
It should also be noted that Missouri has a separate procedure for an expedited eviction when there is illegal activity taking place on the property.
What if I change the locks or shut off utilities?
This is generally referred to as a “self-help” eviction and it is strictly prohibited in both Kansas and Missouri. Landlords who take the eviction process into their own hands may have to compensate the tenant up to two times the monthly rent and may also be responsible for any damage caused to the tenant’s personal property. It should also be noted that neither a residential nor a commercial lease may change or avoid the proper legal process for removing a tenant from the property.
Do you represent landlords or tenants?
Our firm focuses on representing landlords and property managers with residential evictions and defense of law suits brought by tenants. Moreover, because of the potential for conflicts of interest to arise when representing both landlords and tenants, we do handle any cases for residential tenants. If you are a tenant in a rental property and you are looking for assistance in an eviction action or bringing suit against your landlord, both the Kansas and Missouri Bar Associations offer services for helping find a lawyer. The contact information for these services is provided below for your convenience.
Kansas Bar Lawyer Referral Service
Phone: 1 (800) 928-3111
How much does it cost and how do I get started?
We have provided information about the various services we offer related to residential evictions and landlords below. When you are ready to get started, please either click on the product link below to place your order or click here to schedule a free 15-minute case evaluation phone call.