If my month-to-month tenant is 3 months behind in her rent and gave I then a 30 day notice to vacate, can I evict her?
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If my month-to-month tenant is 3 months behind in her rent and gave I then a 30 day notice to vacate, can I evict her?
Asked on July 9, 2018 under Real Estate Law, Missouri
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
No you cannot just evcit your tenant. If they fail to respond to a properly served notice to vacate, then you must file for an "unlawful detainer" action (i.e. an eviction) in court. Only after a judge has ended your renter's tenancy and granted you the right to take back the premises, do you have the legal right to evict your tenant. If you so so before then, you can be sued for unlawful eviction.
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