Fighting Illegal Evictions: Missouri Renter Rights Guide

If you’re a renter in Missouri who’s facing eviction, it’s essential to know your rights. Missouri law sets clear rules for how landlords must evict tenants, and any procedure outside those rules could be considered an illegal eviction. This guide breaks down how you can recognize an illegal eviction, what steps to take, and resources to help.

Understanding Legal and Illegal Eviction in Missouri

In Missouri, a landlord cannot evict a tenant without first going through the official court process outlined in the Missouri Revised Statutes Chapter 535 – Landlord-Tenant Actions^[1]. If your landlord tries to remove you without a court order—for example, by changing the locks, shutting off utilities, or removing your belongings—this is known as a self-help eviction and is illegal in Missouri.

Examples of Illegal Eviction

• Changing your locks or denying you access to the property without a court order
• Shutting off power, water, or heat to force you out
• Removing your personal belongings from the property
• Threatening or physically removing you without a sheriff present

Landlords must serve proper notice and file an eviction action in court before you can be lawfully removed. If they bypass this process, you can take action to defend your rights.

Steps to Take If You’re Facing an Illegal Eviction

If you believe your landlord is trying to evict you illegally, here are the key steps to protect yourself:

• Stay Calm and Document Everything: Take photos, save messages, and write down any details, including dates and names.
• Call Local Law Enforcement: If you’re locked out without a court eviction order, contact your local police or sheriff. Missouri law enforcement officers can help clarify that only an official court order allows a landlord to remove a tenant.
• File a Lawsuit to Regain Possession (Unlawful Eviction Action): You may file an action for damages and to return to possession under Missouri law.
• Attend All Court Dates: When served with court papers, read and respond promptly. If court documents are missing, you may need to file a motion to set aside any default judgment.

Official Forms for Missouri Renters

Below are relevant forms that Missouri renters may need if facing an illegal eviction:

• Application for Rent Escrow (Form CC53): Used if your landlord isn’t making repairs and you want the court to let you pay rent into escrow. View Form CC53.
  Example: If your landlord tries to force you out by failing to repair essential utilities, this form can help you seek relief in court.
• Petition for Damages for Unlawful Eviction (Civil Action): While Missouri does not have a special form, you can file a general civil petition for damages at your local circuit court. Forms and filing instructions are available on the Missouri Courts - Civil Cases page.
  Example: If locked out without a court order, you may file a lawsuit for damages and request to regain possession.
• Motion to Set Aside Judgment (Form CC63): If a landlord obtains a court order against you without your knowledge (for example, you were not properly served), use this form to ask the court for another hearing. View Form CC63.

Who Handles Eviction Cases in Missouri?

Eviction matters, including illegal eviction complaints, are heard in the Missouri Circuit Court system. The specific county courthouse where the property is located will handle your case. You can find your local court using the Missouri Case.net portal.

Applicable Missouri Tenancy Laws

Missouri’s main landlord-tenant eviction laws are found in Chapter 535, Missouri Revised Statutes^[1]. For occupant rights and prohibited landlord behavior, see also Mo. Rev. Stat. § 441.233: Prohibited landlord actions^[2].

Documenting and Fighting an Illegal Eviction

Quick documentation and legal action help renters protect their rights. Here is what you should do:

• Keep copies of your lease, payment records, and all landlord communications.
• Get a police report if you are locked out; this will support your claims in court.
• Consult free or low-cost legal aid (see resources below) for help with forms and filing procedure.

FAQ: Missouri Illegal Eviction

1. What is an illegal eviction in Missouri?
   An illegal eviction occurs when a landlord tries to remove a tenant without a court order—such as changing locks, shutting off utilities, or using threats or force.
2. Can my landlord shut off my utilities to force me out?
   No. Missouri law prohibits landlords from interrupting essential services to push a tenant out. Only the court can order an eviction.
3. How can I respond if my landlord locks me out?
   Contact your local police for assistance, gather evidence, and file a civil complaint in Circuit Court to seek damages and regain access.
4. What forms do I use to fight an illegal eviction?
   You may need a general civil petition for damages or a Motion to Set Aside Judgment if a default judgment was entered. See Missouri Courts’ official civil forms for details.
5. Which court handles eviction disputes?
   Your local Missouri Circuit Court handles all residential eviction matters. Use the Missouri Case.net tool to locate your court.

Key Takeaways for Missouri Renters

• Landlords cannot legally evict without a court order.
• Missouri law forbids landlords from “self-help” evictions, like changing locks or shutting off utilities.
• Document actions, contact police if needed, and use official court forms to protect your rights.

Need Help? Resources for Renters

• Missouri Circuit Courts – Find your local court and file a case.
• Missouri Housing Development Commission (MHDC) – Tenant resources and rental assistance.
• Legal Services of Missouri – Free or low-cost legal help for renters.
• For emergencies, call your local police or sheriff’s non-emergency line.

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1. [1] Missouri Revised Statutes Chapter 535 – Landlord-Tenant Actions
2. [2] Mo. Rev. Stat. § 441.233: Prohibited landlord actions

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