Evicting a squatter in Missouri requires careful adherence to the law. Unlike a tenant with a lease, a squatter has no legal right to occupy your property. However, the process of removing them is still governed by specific legal procedures to avoid potential legal issues. This guide outlines the steps involved in evicting a squatter in Missouri, emphasizing the importance of following proper legal channels.
Understanding the Definition of a Squatter in Missouri
Before initiating eviction proceedings, it's crucial to understand what constitutes a squatter under Missouri law. A squatter is someone who occupies your property without your permission and without any legal claim, such as a lease agreement. They haven't paid rent, signed any occupancy agreements, and essentially entered your property unlawfully. This is different from a tenant who may have violated their lease agreement but still holds a legal right to occupancy until proper eviction proceedings are followed.
The Steps to Evicting a Squatter in Missouri
Evicting a squatter involves several key steps:
1. Formal Notice to Vacate
The first and most important step is serving the squatter with a formal written notice to vacate. This notice should clearly state:
- Your name and address as the property owner.
- The squatter's name (if known).
- The specific property address.
- A clear and unequivocal demand for the squatter to vacate the premises.
- A specific date and time by which the squatter must vacate (this should be at least 30 days from the date of service). This timeframe provides the squatter with ample opportunity to leave legally and peacefully before legal action.
The notice should be delivered in accordance with Missouri's rules regarding service of process. This often involves personal service (handing it directly to the squatter), or if personal service isn't feasible, certified mail with return receipt requested. Retain copies of the notice and proof of service. Improper service can invalidate the entire process.
2. Filing for an Unlawful Detainer Action (Eviction)
If the squatter fails to vacate by the date specified in the notice, you must file an unlawful detainer action with the appropriate circuit court in the county where the property is located. This is a civil lawsuit specifically designed for evicting individuals who unlawfully occupy property.
The petition must include:
- Detailed description of the property.
- Statement that the squatter is occupying the property without permission.
- Demand for possession of the property.
- Verification of the petition and service of notice.
This process will require you to pay court fees and potentially hire legal counsel.
3. Court Proceedings
After filing the petition, the court will schedule a hearing. Both you and the squatter will have the opportunity to present evidence and argue your case before a judge. The judge will determine whether the squatter has a valid defense. It's critical to attend all hearings and present all necessary documentation, including the notice to vacate and proof of service.
4. Writ of Restitution
If the court rules in your favor, it will issue a writ of restitution. This is a court order authorizing law enforcement to remove the squatter from the property. The Sheriff's department will typically execute the writ, removing the squatter's belongings and securing the property.
Potential Complications and Legal Advice
Evicting a squatter can be complex. While this outlines the general process, specific circumstances can present challenges. For example, if the squatter claims adverse possession (long-term, open, and notorious occupancy that might give them legal rights), the eviction process becomes significantly more intricate and requires legal expertise. Additionally, attempting to remove a squatter yourself without following proper legal channels can lead to legal repercussions, including charges of assault, battery, or unlawful eviction.
It is strongly recommended that you consult with an experienced Missouri attorney specializing in landlord-tenant law or real estate law before attempting to evict a squatter. They can advise you on the best course of action based on your specific circumstances and ensure you comply fully with all applicable state laws. Legal counsel will help avoid potential pitfalls and ensure a smooth, legal eviction process. This can save you significant time, money, and potential legal trouble down the line.
