As a commercial landlord, you likely manage a variety of tenant issues on a daily basis. Under Missouri law, what powers do you have to enforce your rights? Well, when it comes to legal actions, you have a number of options.
First, you have the right to file for rent and possession through a court order. Self-eviction is illegal in Missouri. This means that if a tenant has not paid rent, the only way to evict the tenant is through a court order. A rent and possession order will allow the landlord to retake possession of the property, recover past due rent, and collect court costs. After an order is granted, a sheriff will then enforce the order.
You also have the ability to file an unlawful detainer action. This is an action a landlord may take when a tenant fails to leave the property once the lease terminates. Termination can occur once the lease period has expired, or due to breach, damage to the property or some type of improper use of the property.
In emergency situations, you may move for an expedited eviction. Where eviction through other means would likely result in injury to the tenant or landlord or severe property damage, an expedited eviction may be available. Oftentimes, an emergency eviction is sought when criminal drug activity is occurring on the property.
Finally, you as a landlord may have a contract action against a departed tenant under the prior lease agreement. You may seek damages for unpaid rent or utilities, damage to the property, and possible attorney fees and court costs if the lease so stipulates.
If you are struggling with your commercial tenant, contact an experienced Missouri real estate attorney at Quitmeier Law Firm.