How to Evict Your Roommate In Missouri

How to Evict Your Roommate in Missouri

Whether it's a friend who's overstayed their welcome, a relative who won't leave, or just a roommate who's not a good fit, you have a right to ask them to leave. Most of the time, they already know it's not working out and the two of you can settle things easily. Sometimes it doesn't work out that way. If that's the case, you may want to know how to and elsewhere.

Please note that if you have an or one who makes you feel threatened or in danger, you should contact local law enforcement rather than attempt to evict someone on your own.

Landlords have strong legal protections in many locations, but renters also have rights. Many of these same rules apply in roommate situations. These laws spell out the responsibilities of each side, to try and keep things as fair as possible. The options available, if you want to kick out a roommate, will depend a lot on whether you're both on the lease agreement.

Missouri Eviction Laws

Missouri has laws describing how and when tenants may be evicted. These laws specify such details as:

Allowable reasons for evictions
When and how tenants can fight an eviction
What notice a landlord must give before starting the eviction process — and what you can do if a landlord tries to evict you without giving notice
The process for evicting tenants

Why Someone Could Be Evicted in Missouri

Typically tenants are evicted because of one of these reasons:

Not paying rent
Violating the lease, for example, having too many people living there or having pets under a no-pet policy
Criminal activity on the property, such as drug dealing
Damaging the property
Posing a threat to other tenants or neighbors

The reason for the eviction usually affects how the process is handled.

Can You Legally Evict Your Roommate in Missouri?

The short answer is usually yes, you can legally . You must follow a specific legal process to do so, though. Whether you're the landlord or a roommate, it is illegal to attempt to evict someone by just changing the locks or shutting off utilities.

Eviction of Roommate	Details
Evicting Your Roommate When You’re Both on the Lease in Missouri	If you are both on the lease, your next steps will depend on how your lease is written and what your landlord is willing to do. Your landlord may be able to evict just your roommate, or a "joint and several" clause in your lease may mean that you must both be evicted. In such a case, your landlord may be willing to sign a new agreement with you though.
Evicting Your Roommate Who Is Not on the Lease in Missouri	If you are on the lease, but your roommate is not, your next steps will depend on how your lease is written and what sort of agreement you and your roommate have had. In general, if someone is not on the lease or there is no lease involved, they must be given at least 30 days’ notice that you or your landlord want them to leave.

What Can You Do if You’re the Roommate Being Evicted?

If you are the roommate being threatened with eviction, you may have many of the same rights as a tenant who has signed a lease. For example, if you have a written agreement with your roommate, they are acting as a "master tenant" (basically a landlord who doesn't own the property) and you are the subtenant. In that case, you generally have the same protections as any other renter. If you don't have a written agreement, you likely still have the same rights as a renter, but they may not be as effective if the eviction goes to court.

How Does Eviction Work in Missouri?

Overall, the eviction process in Missouri follows a pretty standard sequence depending on the reason for the eviction. Evictions generally fall into two main categories: not paying rent or violating the terms of the lease. Other evictions are due to illegal activity and the details of that eviction process depend on the type of crime being committed.

Eviction by You or Your Landlord?

You may want to involve your landlord in the process of evicting your roommate. This is especially true if you are both on the lease. If your roommate is not on the lease, or if there's no lease at all, you will have to act as the landlord in the eviction process.

How Eviction Works in Missouri for Failure to Pay Rent

Failure to pay rent is one of the most common reasons to evict a roommate or any tenant. While evictions won't appear on a credit report, they can appear on a tenant background check, and if the bill for unpaid rent is sent to collections, that will usually appear on a credit report.

The landlord must give the person being evicted notice that their rent is overdue and failure to pay it may result in eviction.
If the tenant/roommate doesn't pay up, the landlord or roommate doing the evicting can file an eviction lawsuit in court. Some states require a certain period between giving the notice of overdue rent and filing an eviction lawsuit, but Missouri does not.
If the overdue rent is paid after the notice is given but before the eviction lawsuit is filed, the landlord must stop the process and cannot file an eviction lawsuit based on unpaid rent.
If the overdue rent is not paid after the notice is given and the eviction lawsuit is filed, a court date will be set, at which both sides may present their cases.
If the landlord wins, the tenant/roommate must leave the property within a specified period, and the tenant may have to pay court costs and the landlord's legal fees. If the tenant/roommate being evicted wins, they may stay on the property.

How Eviction Works in Missouri for Violating the Lease Terms

Violating the terms of a lease is also a very common reason for eviction. Typical violations include having an unauthorized person living on the property or having pets against a lease agreement. Note that a landlord can still evict you, even if you correct a lease violation within the initial 10-day period.

The landlord must give notice of the violation and give the tenant 10 days to move out.
At the end of the 10 days, the landlord can file an eviction lawsuit if the tenant hasn't moved out yet, even if the violation has been corrected.
A court date will be set, at which both sides may present their cases.
If the landlord wins, the tenant/roommate must leave the property within a specified period, and the tenant may have to pay court costs and the landlord's legal fees. If the tenant/roommate being evicted wins, they may stay on the property.

Missouri Landlord-Tenant Laws

Missouri is considered a landlord-friendly state, meaning that its landlord-tenant laws are written to give landlords more protection and to provide an easier process for them to evict non-paying tenants. As someone trying to evict a roommate, being in a landlord-friendly state may help you be more successful.

How to Evict Your Roommate on Your Own in Missouri

If you want to try to evict your roommate on your own, in Missouri, you will need to follow a legal process that starts by giving your roommate notice. Start by writing your roommate a "demand letter" in which you:

State that you want to end the living arrangement.
Give a deadline by which the roommate and their possessions must be removed from the property (in general, we recommend you give at least 30 days).
Indicate that after that deadline, if they are still there, you will start eviction proceedings.

Be sure to send the letter by certified mail for proof of when you sent it and that your roommate received it.

What if Your Roommate Refuses to Leave?

If your roommate doesn't agree and leave, you will need to get the court system involved, just as if you were a landlord and the roommate was your tenant.

If your roommate does not move out by the end of the 30 days, you will need to sue them by filing an eviction lawsuit at the court in the legal jurisdiction where the property is. You will need to be sure you are following the precise requirements and paying any fees required by the courts in the process.
At the court proceedings for the eviction, you and your roommate can present your arguments and the court's ruling will determine if the roommate is evicted or not.

You will want to have as much documentation as possible if you will be filing an eviction lawsuit. This may include:

Notes, letters, texts, and other documentation showing why you want your roommate to be evicted and the steps you've taken to do so.
Photos of damage or other issues if your roommate has caused that type of problem.
Statements from friends, neighbors, or others who have witnessed a roommate's behavior if that is a reason for the eviction.

DoNotPay Can Make It Easier to Evict Your Roommate in Missouri

Evicting a roommate can be a complicated process, even an emotional one if you have to kick out a relative or friend. If evicting your roommate reaches the stage where the courts are involved, you will want to do all you can to make sure you don't make any mistakes that would let your roommate win the eviction lawsuit.

How to Evict Your Roommate in Missouri With Donotpay

Just 4 easy steps and you'll be on the road to evicting your roommate with some help from DoNotPay.

Search for and open the Landlord Protection product on DoNotPay.
Select which issue applies to you.
Answer a simple set of questions so our chatbot can collect the necessary information to create your demand letter.
Choose whether you want DoNotPay to send the demand letter to your landlord or roommate on your behalf. If you already tried sending a demand letter and it didn't work, we can help you start the small claims court process.

You should receive a response from your roommate or landlord soon.

What Makes DoNotPay Such a Great Solution?

DoNotPay offers a proven set of products to:

Simplify your life.
Save you time and money.
Get it done right the first time.

DoNotPay Can Help With All of Your Landlord or Roommate Issues

In addition to evicting your roommate, you may need to sort out other rental or landlord issues. For example, you may choose to break your lease instead of trying to evict your roommate, or you may disagree with your landlord over repairs, your security deposit, or other problems.

The Landlord Protection product from DoNotPay can help you with such problems as: