Landlords across Missouri face one of the most frustrating problems in property law—a tenant who won’t pay rent and refuses to vacate the property. When this happens, landlords often feel powerless and overwhelmed, especially if the tenant has been in the unit for a long time or if communication has broken down.
Missouri law does provide a clear path for dealing with these situations, but it’s important to follow the process carefully. At Checkett, Pauly, Bay & Morgan, LLC, we regularly work with landlords dealing with these cases.
Acting too quickly or outside of legal procedure can delay eviction, cause financial losses, or result in legal liability. We can break down what landlords can do under Missouri property law when a tenant is causing issue.
Lease Terms and Missouri Property Law
The first step is reviewing the lease agreement. A written lease will usually outline when rent is due, what happens if it’s late, and how many days the tenant has to fix a missed payment before further action is taken. Missouri property law doesn’t require landlords to have written leases, but having one makes enforcement much easier.
Even in month-to-month arrangements, landlords are still protected by statutes that allow eviction when rent isn’t paid. Landlords can include specific grace periods, late fee clauses, and clear eviction procedures in every lease to make legal action easier if a dispute arises.
Providing Proper Notice
Missouri law requires landlords to provide tenants with written notice before filing an eviction lawsuit.
For nonpayment of rent, landlords must give a formal demand for possession. This is typically a written notice giving the tenant a set amount of time—usually five days—to pay the rent owed or leave the property. If the tenant does neither, the landlord can then proceed to file an unlawful detainer action.
Skipping this notice step is a common mistake. Even when it seems obvious the tenant won’t pay, failing to give notice will only delay the process and weaken your position in court.
Filing an Unlawful Detainer Lawsuit
If the tenant doesn’t respond to the notice, the next legal step is filing an unlawful detainer case in the associate division of the circuit court where the rental property is located.
Missouri property law allows landlords to recover possession of their property through this process. The court will schedule a hearing, and both sides will be allowed to present evidence.
The landlord must show that rent hasn’t been paid and that proper notice was given. It’s recommended to bring a copy of the lease, proof of payment history, the notice, and any communication between landlord and tenant.
Attending the Court Hearing
At the hearing, the judge will determine whether the tenant should be evicted. If the tenant doesn’t appear in court, a default judgment is typically entered in favor of the landlord.
If the tenant does appear and disputes the claim, the judge will review both sides’ arguments. Missouri judges expect landlords to comply with all notice requirements and legal procedures. If the court rules in your favor, you’ll be granted a judgment for possession and can proceed with eviction through the sheriff.
Executing the Eviction
After obtaining a judgment for possession, the landlord must request a writ of restitution from the court. This legal document authorizes the sheriff to physically remove the tenant and return possession of the property to the landlord.
Missouri law doesn’t allow landlords to change the locks, remove belongings, or shut off utilities without going through this legal procedure.
Doing so may be considered illegal self-help and could result in penalties or civil lawsuits. The sheriff will usually give the tenant a brief window to leave voluntarily before executing the eviction.
Practical Steps for Landlords
Here are some steps landlords can take:
Review the lease and confirm rent default
Deliver a written demand for possession (typically five days)
Wait the required time to allow tenant response
File an unlawful detainer lawsuit in the proper court
Prepare all documents: lease, payment history, notices, correspondence
Attend the court hearing with evidence and witnesses, if needed
Request a writ of restitution if judgment is granted
Coordinate with the sheriff to schedule eviction
Document the eviction and any property left behind
Consider filing for unpaid rent or damages separately
Following these steps can help you handle the situation properly.
Recovering Unpaid Rent
Eviction ends the tenancy, but it doesn’t automatically recover unpaid rent. Landlords can file a separate lawsuit in small claims or civil court to recover the balance owed.
Missouri property law allows for recovery of rent, late fees, and damages, but collecting those funds often depends on the tenant’s ability to pay. A judgment can lead to wage garnishment or bank account levies, but these steps take time.
Lawyers help landlords assess whether pursuing money judgments makes financial sense, especially when tenants are unemployed or have already left the area. A good lease and proper documentation increase the chances of collecting successfully.
Avoiding Illegal Eviction Practices
Landlords sometimes try to pressure tenants to leave by cutting off utilities, changing locks, or removing personal belongings. These tactics are illegal in Missouri and can backfire quickly. Property law protects tenants from illegal eviction practices, and a tenant may sue for damages if their rights are violated.
Even if a tenant hasn’t paid rent in months, landlords must follow the law. Act professionally and stick to the legal process. Doing so protects your reputation, reduces liability, and makes it easier to win in court.
Considering Cash-for-Keys Agreements
Some landlords prefer to avoid litigation altogether by offering tenants a cash incentive to vacate the property voluntarily. These “cash-for-keys” arrangements are legal in Missouri if both parties agree in writing.
While it may seem counterintuitive to pay someone who hasn’t paid rent, this approach can save legal costs and reduce the time the property sits vacant.
A lawyer can help landlords draft proper agreements to confirm the tenant’s promise to vacate by a certain date in exchange for a cash payment. This strategy works best when you need to regain possession quickly and want to avoid further escalation.
Keeping Good Records for Future Disputes
Property law often turns on documentation. Every communication, lease amendment, payment receipt, and notice should be recorded and saved. Judges rely on written evidence to make rulings. When landlords don’t have records to back up their claims, cases can fall apart—even when the facts are on their side.
Landlords can use property management software, keep organized files, and document all interactions with tenants in writing. These habits not only support eviction efforts but also protect against false claims of discrimination or retaliation.
Preventing Future Nonpayment Issues
One of the best ways to avoid nonpaying tenants is through good screening and strong lease agreements. Missouri property law gives landlords discretion in selecting tenants based on credit, income, rental history, and references. Use clear rental applications and require documentation of income.
Once a tenant is approved, the lease should spell out rent due dates, grace periods, penalties, and eviction procedures. By setting expectations early, landlords can reduce misunderstandings and avoid legal disputes. Review leases annually to keep them updated with changes in the law.
Reach Out Today
At Checkett, Pauly, Bay & Morgan, LLC, we guide landlords through every phase—from drafting lease terms to filing eviction suits and recovering unpaid rent. We’re proud to serve Carthage and Nevada, Missouri. Call our firm today.
