How to Legally Evict a Roommate Not on Your Lease in Missouri

If you live in Missouri and your roommate isn't listed on the official lease, navigating their eviction presents unique challenges. Understanding your legal responsibilities and options can help protect your rights while following the correct process. This guide explains the legal steps required, official forms to use, and resources for renters facing shared housing disputes in Missouri.

Understanding Roommate Status in Missouri

When a roommate isn’t on the lease, Missouri law usually considers them a "guest" or an "unauthorized occupant." This distinction affects your rights and obligations when trying to remove them from your home. While eviction laws generally protect tenants, the rights of those not on a lease depend on their living arrangements and any agreements made.

Are You the Tenant or Sublessor?

• If you are the leaseholder and your roommate is not, you may need to use civil eviction proceedings to remove them.
• If you are both tenants but only one is on the lease, eviction rights differ.
• Landlords may also have the right to act if someone not on the lease is living in the rental unit without approval.

It's important to clearly establish your legal standing before proceeding.

Missouri Eviction Laws and Relevant Authorities

Evictions in Missouri are governed by the Missouri Revised Statutes Chapter 535 – Landlord-Tenant Actions.^[1] Cases are typically heard at your local Missouri Circuit Court, which handles landlord-tenant disputes. To check your local court, visit the Missouri Courts Court Directory.^[2]

Steps for Evicting a Roommate Not on the Lease in Missouri

Dismissing a roommate is not as simple as changing the locks. Missouri law does not allow "self-help" evictions. Here's an overview of the process:

• Determine your roommate's legal status (guest, licensee, or implied tenant).
• Serve proper written notice to vacate if they have stayed beyond an agreed period or are refusing to leave.
• File an Unlawful Detainer or Rent and Possession action in your local Missouri Circuit Court if they remain.
• Attend the court hearing and, if granted, obtain a court order for eviction.
• Coordinate with the local sheriff to remove the roommate if they still do not leave.

Required Missouri Eviction Forms

• Notice to Vacate (No Official State Form): As a primary renter, you should give written notice to your roommate, stating a clear move-out deadline (usually 30 days for month-to-month arrangements). There is no standardized form, but it must include the date, names, address, and a precise vacate notice. Example: If your roommate has overstayed their agreed period, write: “You are hereby given 30 days to vacate the premises located at [address].”
• Petition for Unlawful Detainer (Form CC37): Used when the roommate refuses to leave after notice, you file this with your local circuit court. Official Petition for Unlawful Detainer (Form CC37). This form starts the process of legally regaining possession of your rental space.^[3]
• Summons (Form CC45): Issued by the court after your petition is filed, this is served to your roommate to notify them of the hearing. See more at the Official Summons Form (CC45).

For local court forms and filing procedures, contact your county circuit court office.

If Things Get Difficult

If your roommate becomes aggressive or dangerous, contact local law enforcement for immediate assistance. Do not attempt to remove them yourself, as this can have legal consequences for you.

Your Rights and Protections During the Process

As a renter in Missouri, you are protected against "self-help" evictions—removing a roommate by changing locks, shutting off utilities, or removing their belongings is illegal. You must follow proper court procedures. For more information, consult the Missouri Attorney General’s Landlord-Tenant Law page.^[4]

What If Your Landlord Gets Involved?

Landlords in Missouri have the right to control occupancy. If they find out about an unauthorized occupant, you (as the primary tenant) could be subject to lease violations, leading to possible eviction. If you need help communicating with your landlord about your roommate situation, visit the Attorney General’s guidance for tenants.

FAQ: Roommate Evictions in Missouri

1. Do I have to go to court to evict a roommate in Missouri?
   Yes, if your roommate will not leave after written notice, you must follow the court eviction process. Locking them out without a court order is illegal.
2. Can my landlord evict my roommate directly?
   No, unless your landlord has a direct lease relationship or has begun their own court process. As the official tenant, you are generally responsible for handling your roommate’s removal.
3. How long does the eviction process take?
   The process can take several weeks, depending on court schedules and how promptly you serve notice and file paperwork.
4. Is a verbal agreement with my roommate enough?
   Verbal agreements hold some weight but can be hard to prove. Sending a written notice is always recommended for documentation.
5. Can law enforcement help me remove my roommate?
   Only after you obtain a court order through an official eviction can the sheriff help physically remove your roommate from the premises.

Key Takeaways for Renters

• Roommates not on your lease still have certain legal rights; you must use the court system to remove them.
• Never attempt "self-help" eviction, as it can result in legal penalties.
• Preparing clear written notices and using official Missouri Circuit Court forms will help protect your interests.

By understanding your rights and following proper procedures, you can navigate the challenging process of evicting a roommate lawfully in Missouri.

Need Help? Resources for Renters

• Missouri Attorney General – Landlord-Tenant Law: Plain-language guidance and complaint forms.
• Missouri Circuit Courts Directory: Find your local court for filing eviction actions.
• Missouri Housing Advocacy Network – Tenant Resources: Assistance with tenant rights and shared housing issues.

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1. [1] Missouri Revised Statutes Chapter 535 – Landlord-Tenant Actions
2. [2] Missouri Judiciary Court Directory
3. [3] Petition for Unlawful Detainer (CC37) – Missouri Courts
4. [4] Missouri Attorney General – Landlord-Tenant Law Guidance

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