Unlawful detainer applies to a tenant who holds over against a landlord after there has been a termination of the tenancy and an unsuccessful demand for possession. The action may relate to either residential or commercial property.
An unlawful detainer action may only be used when the tenant is unlawfully holding over. Since an action in an unlawful detainer involves a forfeiture of the tenant's right to possession, the landlord must plead and prove that the tenant remains in unlawful possession of the premises. If the tenant surrenders the premises to the landlord before the filing of the complaint, the landlord's remedy is an action for damages and rent.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
A Missouri Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term is a legal document used by landlords or property owners to initiate the eviction process for tenants who remain in a residential property after their lease has expired. This complaint seeks to regain possession of the property and may include claims for unpaid rent, damages, or other costs associated with the tenant's breach of the lease agreement. Key elements include: 1. Parties Involved: The complaint should identify the plaintiff (landlord/property owner) and defendant (tenant) and include their contact information and addresses. It is crucial to provide accurate details to avoid any confusion. 2. Legal Grounds: The complaint must state the legal basis for eviction, which is the tenant's holding over after the expiration of their lease term. Missouri laws specify that tenants who continue to occupy the property without the landlord's consent can be subject to eviction. 3. Lease Termination Notice: If the landlord has already provided a written notice to terminate the lease, it should be attached to the complaint. Missouri law requires a 30-day written notice in most cases. 4. Property Description: The complaint should provide a detailed description of the property, including the complete address and any relevant unit or apartment number. 5. Rent Due and Other Costs: The complaint may include a request for unpaid rent or other charges, such as late fees or damages caused by the tenant. The exact amount owed should be specified. 6. Tenant's Breach of Lease: If the tenant has violated any provisions of the lease agreement, such as unauthorized pets or illegal activities, these violations should be described in the complaint. Types of Missouri Complaints for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term: 1. Simple Complaint: This type of complaint is filed when the tenant fails to vacate the premises after receiving a termination notice, without any further breaches of the lease agreement. It focuses primarily on possession and may include claims for unpaid rent. 2. Complaint with Damages: This complaint is used when the tenant not only refuses to vacate but also causes damages beyond normal wear and tear. In addition to regaining possession, the landlord seeks compensation for repairs or replacements required to restore the property. 3. Complaint for Illegal Activities: If the tenant engages in illegal activities on the premises, such as drug-related offenses or running an illegal business, the complaint can include allegations of these activities, seeking eviction on grounds of unlawful actions. 4. Complaint for Holdover Tenant with No Original Lease: In cases where the tenant continues to occupy the property after an oral lease or previous written lease has expired, this complaint is used to regain possession and request payment for occupancy during the holdover period. Handling an Unlawful Detained — Residential Tenant Holding Over after Expiration of Term is a complex legal matter, and it is highly recommended consulting an attorney or seek legal advice to ensure compliance with all applicable laws and procedures in Missouri.
