Can tenants stop an eviction by paying overdue rent?

Can Tenants Stop an Eviction by Paying Overdue Rent in Missouri?

If you are a tenant facing eviction in Missouri due to overdue rent, it’s important to understand your rights and the legal process. Missouri provides some opportunities for tenants to stop or delay an eviction by paying the rent owed, but the specific circumstances and timing are critical. This guide will walk you through the relevant aspects of Missouri eviction law related to paying overdue rent and potentially stopping an eviction.

Overview of the Eviction Process in Missouri

In Missouri, evictions are governed by state law under Chapter 535 of the Revised Statutes. Typically, the eviction process for nonpayment of rent proceeds as follows:

1. Notice to Pay or Vacate: The landlord must provide the tenant with a written notice, usually called a “3-day notice to pay rent or quit.” This notice informs the tenant that they must either pay the overdue rent within three days or move out.
2. Filing an Eviction Lawsuit: If the tenant does not pay the rent or leave by the deadline in the notice, the landlord can file an eviction lawsuit (called a “forcible entry and detainer” action) in the local Circuit Court.
3. Court Hearing: A judge will hear the case. If the judge finds that the tenant has not paid rent or otherwise has no legal defense, the court will issue an eviction order.
4. Removal: If the tenant does not vacate by the deadline set by the court, the sheriff can physically remove the tenant.

Can a Tenant Stop an Eviction by Paying Overdue Rent?

Before the Lawsuit is Filed

Yes. During the initial notice period, a tenant can stop an eviction simply by paying all overdue rent owed to the landlord, as specified in the 3-day notice. If the tenant pays the full amount within the three days, the landlord is legally obligated to accept the payment, and the eviction process will not move forward.

After the Lawsuit is Filed but Before the Judgment

Once a landlord files the eviction lawsuit, the tenant’s ability to stop eviction by paying overdue rent becomes dependent on the court proceeding:

• Missouri courts allow tenants to avoid eviction if they “cure” the breach by paying the full amount of rent owed plus any permissible late fees before judgment is entered.
• It is essential for the tenant to attend the eviction hearing for an opportunity to present evidence that the rent was paid or will be promptly paid.
• If the tenant pays before the hearing or during the hearing, the eviction may be dismissed because the reason for the eviction (nonpayment) is resolved.

After Judgment but Before Physical Eviction

If the court has already ruled in favor of the landlord and issued a judgment of eviction:

• In many cases, tenants still have a short window to pay the overdue rent and any court fees to stop the physical eviction and regain tenancy rights.
• However, this depends on the local court’s rules and the landlord’s willingness to accept payment after judgment.
• Generally, once a writ of restitution (the official order for removal) is issued to the sheriff, stopping eviction by paying rent becomes more difficult.

Important Considerations for Missouri Tenants

• Full Payment is Required: Missouri law typically requires that to stop an eviction due to nonpayment, tenants must pay all overdue rent plus any late fees and costs specified in the rental agreement or allowed by law.
• Partial Payments May Not Stop Eviction: Partial payment of rent usually does not halt the eviction process unless the landlord agrees to accept it and the court permits.
• Keep Records: Always get a written receipt or other documentation when making payments, especially after the eviction process has started.
• Seek Legal Assistance: Tenants facing eviction have limited time to act. Seeking help from legal aid organizations or tenant advocacy groups in Missouri can help you understand your rights and ensure proper procedures are followed.
• Eviction Records: If eviction proceeds despite payment attempts, it can affect tenant screening in the future. Stopping an eviction early by paying overdue rent can help avoid a formal eviction record.

Additional Resources in Missouri

• Missouri Legal Aid: Many counties have legal aid organizations that offer free advice and representation to tenants facing eviction.
• Local Housing Authorities and Tenant Advocacy Groups: These organizations can provide assistance with negotiating payment plans or accessing emergency rental assistance programs.

Summary

• Tenants in Missouri can stop an eviction by paying overdue rent if payment is made within the three-day notice period before a lawsuit is filed.
• After an eviction lawsuit is filed, tenants may still stop eviction by paying the full amount of rent due before judgment is entered.
• Once a judgment for eviction is entered, stopping the eviction by paying rent becomes more complex and less likely, but it may still be possible before physical removal.
• Timely payment of the full rent owed, attending court hearings, and keeping documentation are crucial for Missouri tenants to protect their rights and potentially stop an eviction.

If you find yourself behind on rent and facing eviction, acting quickly to pay what you owe or seek assistance is essential to avoid losing your home. Understanding Missouri’s specific rules about paying rent during eviction proceedings can help you make informed decisions and take appropriate action.