Illegally evict an advocate?

  I have been a tenant at my current residence since December of 2021. There is no signed lease and I am a tenant on a month to month basis. Before October of 2024, I never missed paying for a month's rent or was even late paying rent. On Wednesday, April 16th, 2025 at 9:00 a.m. I am to appear in division 5 Court facing eviction. (See summons below.)

My lived experience working with individuals who are in need of housing has taught me quite a bit. Before I get into the reason I feel so many of us end up experiencing homelessness, I would like to share some legal information about the eviction process.

To legally evict someone in Missouri, a landlord must first provide written notice to the tenant, then file an eviction lawsuit with the court, and finally, obtain a court order (Writ of Possession) before a tenant can be forcibly removed from the property.

 1. Proper Notice:

Reason for Eviction:

The notice must clearly state the reason for the eviction (e.g., non-payment of rent, lease violation). 

Timeframe to Vacate:

The notice must specify the timeframe within which the tenant must vacate the property. 

Types of Notices:

Non-Payment of Rent: Landlords can issue an immediate, unconditional quit notice if rent is not paid by the due date. 

Lease Violation: For lease violations, a 10-day notice is generally required. 

Month-to-Month Tenancy: For month-to-month tenancies, landlords must provide a one-month notice specifying the date by which the tenant needs to move. 

Written Notice Required:

Landlords must provide written notice to the tenant, and the tenant has the right to contest the eviction in court. 

2. Filing an Eviction Lawsuit:

Unlawful Detainer:

If the tenant fails to comply with the notice, the landlord must file an eviction lawsuit, also known as an "unlawful detainer" case. 

Court Summons:

After the landlord files the complaint, the clerk of the circuit court will issue a summons, which is served to the tenant. 

3. Court Hearing and Judgment:

Hearing:

The court will schedule a hearing where both the landlord and the tenant can present their cases. 

Judgment:

If the landlord wins, the court will issue a judgment for possession, giving the landlord the legal right to regain control of the property. 

4. Writ of Possession:

Court Order:

Once the judgment is entered, the landlord can apply for a Writ of Possession, which is a court order that authorizes law enforcement to remove the tenant from the property. 

Sheriff/Constable:

The sheriff or constable will then oversee the removal of the tenant and their belongings. 

Important Notes:

Illegal Self-Help Evictions:

Landlords cannot attempt to evict a tenant through any means other than a court order, such as changing the locks or shutting off utilities. 

Tenant Rights:

Tenants have the right to contest the eviction in court and may have defenses against eviction, such as if the landlord has retaliated against them for exercising their rights. 

Emergency Eviction:

In some cases, Missouri law allows for emergency evictions, such as for drug-related activity or the risk of physical injury. 

Now we are all a little familiar with the proper legal eviction process. I want to share with you how I feel the system helps create homelessness. 

A landlord can not start the eviction process until 30 days after they accepted a rent payment. On February 26th, 2025 I made a payment of $1,000 to cover rent for December of 2024 and January of 2025. In October, 2024 my rent was all caught up and I made that payment. (See the venmo receipts below.) 

On March 15th, 2025 I received a text from my landlord telling me I should get out in a week.. On March 24th, 2025 I have proof through text that I have not had a written notice.(See screenshot of text below.) My landlord filed a lawsuit in State Court to have me evicted. That is only 28 days after I paid $1,000 to keep rent caught up.

I have not received one single written eviction notice from my landlord as the law requires. I'm just going to end up facing the judge without an attorney 30 days after I made rent.

The court more than likely will not hear my side of the story. I can almost guarantee judgment will go to the plaintiff. I will have 10 days after April 16th, 2025 to vacate the property. 

Me having knowledge of resources available to assist someone in my situation may not keep me from becoming homeless. My rent in the month of November, 2024 was paid to the landlord through an agency where I am a consumer. The landlord wrote a reference letter to the agency informing them that I was a great tenant. That I have never been late for rent. So, I have evidence that my rent was completely caught up through the month of January, 2025. 

 Here is why I feel that we need to find a way to bridge the gap to prevent homelessness. I am a veteran. I have a SSVF caseworker at a local agency. I qualify for their assistance. (See screenshot of email below.) However, they cannot assist me if I do not have an eviction notice. They can however, make payment to the landlord for my late rent of February 2025 and March of 2025.

My landlord has file eviction with the court, this means he will not be able to accept assistance from an agency. I will not be able to use the assistance until I am a veteran living in the streets or a shelter. 

If I do become homeless on April 26th, 2025 I vow to all Americans that I will walk to Washington, DC.  to the intra council council on homelessness. I will begin a campaign and spread awareness along the way exactly how so many people end up in our streets. Either way, I am a fearless advocate for situations just like this. Before now, I've advocated for others. I am not only a fearless advocate but now I am pissed. This time I'm allocating for myself!

NO MORE VICTOMS!