At Donley Carver Investment Properties, evictions are rare. The owners who partner with us for Kansas City property management services are provided with an eviction insurance plan for free. It guarantees that we’ll cover any legal fees associated with eviction ourselves.
We’re able to offer this protection because we avoid evictions. They’re expensive and time-consuming, even in a landlord-friendly state like Missouri.
Here’s what you need to know about the eviction process and why it’s better to avoid them, especially now when there’s still a federal moratorium in place.
Missouri Eviction Process and Timeline
It’s possible to evict a Kansas City tenant for:
- Nonpayment of rent
- Violation of rental contract or lease agreement
- Not moving out after the lease term expires
- Criminal activity
The most common reason for eviction is nonpayment of rent. Landlords who decide they have no choice but to evict their tenants must follow the legal steps required to regain possession of their property. First, written notice will need to be posted and served, letting the tenant know that rent is overdue and must be paid. Landlords are not permitted to file for eviction unless the tenant is one month overdue with rent.
Once the tenants are one month overdue, the landlord can go to court and file the eviction lawsuit. It will involve a Summons and Complaint, and the sheriff or a process server will serve the tenant notice of the eviction at least four days before the scheduled hearing.
Within 21 days of the lawsuit being filed, the hearing will be held. Assuming the court rules in your favor, you’ll receive a Writ of Possession. That Writ isn’t issued for 10 days, giving the tenants time to vacate your property. If they don’t, the sheriff will remove the tenant.
Avoiding Evictions and Late Rent
There are several ways to avoid eviction. In our experience, tenant screening and consistent rent collection policies work best. We look for prior evictions and positive landlord references when we’re screening applications. We check credit and past judgments. We verify income to ensure tenants can pay the rent on time every month.
Our rent collection policy is clearly stated in the lease agreement. We discuss the due date, the permitted methods of payment, and the amount that’s due with tenants. They understand the consequences of late rent, including late fees.
With the eviction moratorium in place until at least the end of June for tenants who declare that they cannot pay rent because of financial setbacks due to the pandemic, landlords cannot do much to remove their tenants from the property right now.
Work with your renters as best you can. If they’re not paying rent, see what you can do about setting up a payment arrangement. The moratorium on evictions does not forgive the rent. They will still owe the overdue amounts, and it is better for them to pay what they can now.
You can also reach out to a Kansas City property management company for help. We’d be happy to take a look at your current situation if you’re worried about eviction. Contact us at Donley Carver Investment Properties.