Missouri Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand

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US-03314BG
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Description

Unlawful entry is illegal entry upon lands or structures without force but by means of fraud or other willful wrong. It is closely related to housebreaking. But unlike housebreaking, the intent to commit an offense within the place entered is not needed for this offense. The basis of proof for this offense is that the entry was unlawful and that the conduct of the accused was contrary to good order and discipline.


Unlawful detention means keeping in custody unlawfully. Under criminal law it means keeping or confining a person in custody without any lawful reason. In civil law it is keeping in custody real property to which one is not entitled. A person is guilty of unlawful detention of real property when entry is made wrongfully without any right or title into any vacant or unoccupied lands tenements or other possessions.

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FAQ

How Long Does an Eviction Stay on Your Record? An eviction itself doesn't appear on your credit report. However, any unpaid rent and fees could be sent to collections and remain on your credit report for seven years from the original delinquency date.

? The officer having charge of a writ of restitution or rerestitution, or execution with a clause to that effect, shall have power to expel and remove from the premises mentioned and defendant therein named, his servants and others under his control, and all other persons who shall have entered thereon after the ...

Unlawful detainer is the legal action by which a landlord seeks to evict you if you fail to move when your lease expires, if your lease has been terminated or if you were not allowed to live on the property in the first place.

In a Missouri eviction, this is called an unlawful detainer case. The landlord must provide the tenant with a 10-Day Notice to Quit that informs the tenant of their violation, and that they are about to be evicted. The notice gives the tenant 10 days to vacate the rental unit.

If your tenant(s) is past due on rent and still residing in your property, an attorney at The Law Offices of Anderson & Associates will file a ?Rent and Possession? lawsuit to evict. Q. What is an Unlawful Detainer action? lawsuit to evict, after proper notice has been served upon the tenant(s).

Under Missouri law, forcible entry and unlawful detainer occurs when a person unlawfully occupies real estate. Forcible entry and unlawful detainer lawsuits are typically filed to remove occupants following foreclosure and tenants after a lease terminates.

For example, if a landlord successfully proves their case in court and obtains a judgment for possession, they can legally regain control of the property. The court may also award the landlord compensation for any unpaid rent or other damages incurred during the eviction process.

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Missouri Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand