Eviction Court
Tenants being sued for eviction who live at an address in Kansas City, Missouri can apply for a free lawyer through the City of Kansas City’s Right to Counsel program at this link or by calling 311. Applying at the link is the fastest way to be connected to the program.
The form is first come, first served. The form will deny applications once it is full for the week. The form re-sets for applications on Monday mornings. Tenants should keep applying each week until their submission is successful.
Tenants are ineligible for the program and will be denied if they do not live in the City of Kansas City, Missouri or indicate that they have moved from the property on the form.
There is no equivalent program for lawyers for tenants being sued for eviction who do not live at an address in the City of Kansas City, Missouri. You can access online resources to defend yourself here or call our hotline.
Tenants must appear at their court hearings in person themselves or through counsel to avoid default judgments against them.
FAQs
What do I do if I have issues that need repaired in my home?
You have a right to a habitable home under your lease agreement. It is an implied contract term called the warranty of habitability. If you have problems in your home that you did not cause, you should first contact your landlord in writing and make them aware of the problem. Your lease might say how to request repairs from your landlord. If your lease does specify how to request repairs, you must request repairs in that way. You should be sure to keep documentation of all of your requests for repairs. If you make a request and your landlord does not fix the issue, you should make another request. You should continue to make requests until the problem is fixed.
If your landlord does not fix the problem after you have made requests for repairs (in the way your lease requires if it does specify), you should then contact the Healthy Homes Rental Inspection Program if you are in the City of Kansas City, Missouri. If you are not in Kansas City, Missouri, you may be able to request a rental inspection from your city government. Here are links for the City of Raytown, Independence, and Grandview rental inspection programs. Once an inspection is done on your home and violations are issued, you should stay in contact with the city inspection agency and notify them promptly if repairs are not made by the deadlines they set.
If you have made repair requests and had a rental inspection that found housing code violations, you may have a defense in eviction court or be able to break your lease. If you caused the problems, did not notify your landlord of the problems as outlined above, or knew about the problems and moved in without guarantees that they would be fixed, the warranty of habitability may not be a defense for you. Contact our hotline for more information.
What do I do if I can’t get a lawyer, but have disputes about what my landlord is claiming I owe them in housing court?
Most disputes in housing court need to be filed in a written Answer in the court case. If you cannot get a lawyer by your first court appearance, you should file a written Answer on your own on or before the first appearance. To file an Answer, write out what you dispute about the court case and bring it to the Civil Records Clerk at the Courthouse listed on your Summons. Tell the Clerk your court case number and tell them you are filing an Answer. You should bring a copy of the Answer to the court hearing to deliver to your landlord’s attorney. If you have problems in your home and have followed the procedure described in the answer to the question above, you can assert the warranty of habitability as an affirmative defense/counterclaim.
What happens at the first eviction court appearance?
At the first eviction court appearance the case will be set for trial approximately 2-4 weeks out. You do not have to agree to a judgment on that day even if you agree with the amount your landlord is demanding in rent. If you are being sued for Rent and Possession, you can have the case dismissed if you pay everything that is due on or before the trial date. Rent and fees continue to be due after the first court appearance and/or until you have moved out of the property.
How do I get my security deposit back?
Landlords must follow Missouri Law 535.300 when dealing with a tenant’s security deposit after move out. When you move out you should be sure to leave a forwarding address or email with your landlord so they can send you their move out inspection records. You should also take photos of the conditions of the home after you have moved so that you can prove the condition in which you left. It will also be helpful if you have proof of the conditions of the home when you moved in such as photos or your move-in inspection records. Your landlord should schedule the move out inspection with you and give you the opportunity to be there. After the inspection, they will charge any cleaning costs past ordinary wear and tear to your account and apply your security deposit to your account. They should send you an itemized receipt of any charges to your deposit. They can keep the deposit for unpaid rent as well as cleaning charges beyond ordinary wear and tear.
If you have moved out and have not received any information regarding your deposit, you should contact your old property manager and request your ledger and an itemized receipt of charges to your deposit. If you dispute the charges to your deposit, you will need to prove that the cleaning charges were not necessary with proof of the conditions when you moved out. You may be able to sue your old landlord for your security deposit if they did not follow the security deposit law.