Illegal Self-Help Eviction Practices in Missouri

If you’re a renter in Missouri, understanding how and when a landlord can legally evict you is essential. Some landlords may attempt a “self-help eviction,” which is when they try to force you out without following lawful court procedures. It’s important to know your rights, what’s illegal, and how to respond if this happens to you in Missouri.

What Is a Self-Help Eviction?

A self-help eviction is when a landlord tries to remove a tenant without going through the official court eviction process. Missouri law strictly prohibits landlords from taking matters into their own hands, even if they believe they have a good reason to evict.

Examples of Illegal Self-Help Eviction in Missouri

• Changing the locks on your rental unit to keep you out
• Shutting off utilities (electricity, water, or gas) to force you to leave
• Removing your belongings without a court order
• Threatening, harassing, or intimidating you to make you move

Under Missouri Revised Statutes Section 441.233, these actions are illegal. Landlords must obtain a court judgment and have law enforcement carry out any eviction. Only the sheriff can physically remove tenants after a court order.

The Legal Eviction Process in Missouri

Missouri law outlines a clear process landlords must follow to remove a tenant:

• Give the proper written notice (usually 10 days for nonpayment or other lease violations, but leases can specify different periods)
• File an eviction lawsuit (called “unlawful detainer” or “rent and possession action”) at the appropriate Missouri Circuit Court
• Obtain a judgment for possession from the court
• Request the sheriff to enforce the judgment if the tenant does not leave voluntarily

At no point is the landlord allowed to take matters into their own hands.

Relevant Forms and How Renters Should Use Them

• Answer to Petition (Eviction Response Form) - Local Court Form
  This form allows tenants to give their side of the story or contest the landlord’s lawsuit. If you receive court papers, you should complete this form with your reasons (for example, if you believe the eviction is retaliatory or the notice was improper). Find forms for your local Missouri court here.
• Motion to Quash Execution
  If the sheriff is about to remove you and you have legal grounds (such as improper notice), you can file this motion with the court to delay or stop the eviction. Example Motion to Quash from Missouri Courts.

Always file these forms before any eviction action is physically carried out. After an eviction order, only the sheriff can lawfully remove you from your home.

If You Experience a Self-Help Eviction

If your landlord tries to evict you using illegal methods, Missouri law gives you the right to take action:

• Call local law enforcement non-emergency line—they can intervene if a landlord is unlawfully locking you out or removing your property
• Document the incident—take photos, videos, and keep all communication
• File a civil lawsuit for damages—tenants may sue landlords for actual damages and possible additional penalties, as allowed under Missouri law

Tenancy Legislation and Tribunal Information

Missouri residential tenancies are governed by the Missouri Revised Statutes, Chapter 441: Landlord and Tenant. The state’s Missouri Judiciary (Circuit Court) hears all residential eviction cases. You can find your Missouri Circuit Court here. There is no separate tenant-landlord board in Missouri—all cases are handled through the local courts.

FAQ

1. What should I do if my landlord locks me out without court papers?
   Your landlord cannot legally lock you out without a court order enforced by law enforcement. Call your local police and the court. Document everything, and contact legal aid for support.
2. Is it ever legal for a landlord to turn off my utilities in Missouri?
   No. It is illegal for a landlord to shut off utilities to force you out. This is considered a self-help eviction and is prohibited under Missouri law.
3. Can I sue my landlord if they try a self-help eviction?
   Yes. Missouri law allows tenants to seek damages in civil court if a landlord illegally locks them out or removes property without proper court process.
4. Who carries out eviction orders in Missouri?
   Only the sheriff or a court officer, after a judgment has been issued, can lawfully remove a tenant from a rental property.
5. How do I respond to an eviction lawsuit?
   Complete and file an Answer to Petition form at your local circuit court by the deadline in your court papers. Attend your hearing and bring any evidence to support your case.

Key Takeaways for Renters

• Landlords in Missouri must use the court system to evict a tenant—self-help evictions are illegal.
• If you experience an illegal lockout or shutoff, document everything and contact law enforcement.
• Respond to any eviction notice or lawsuit with the proper court forms—don’t ignore legal papers.

Need Help? Resources for Renters

• Missouri Circuit Court Finder – Find your local court for filing forms or contesting eviction
• Missouri Courts: Legal Forms – Download eviction response and other relevant tenant forms
• Legal Aid of Western Missouri – Free legal assistance for eligible tenants
• Missouri Attorney General: Tenant-Landlord Law – Official info on your housing rights

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1. Missouri Revised Statutes § 441.233: Unlawful eviction actions prohibited
2. Missouri Courts: Eviction Process Overview
3. Missouri Revised Statutes Chapter 441: Landlord and Tenant
4. Missouri Judiciary: Circuit Court Finder
5. Missouri Attorney General: Landlord-Tenant Law

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