Landlords have three ways to evict a boarder in Missouri, and none of them require the tenant to have signed a lease or even an agreement to pay rent. This makes evicting a family member with no lease or another unofficial boarder much easier than in other states. Missouri eviction laws are fairly straightforward. The property owner has the same rights and responsibilities of a landlord, while the boarder is treated like any other tenant with a month-to-month rental agreement.
Read More: How to Evict Someone in Missouri
How to Evict a Boarder in 24 Hours
Is the boarder a danger to another tenant, the property or the landlord? Is the boarder engaged in drug-related activities on or near the property? Has the boarder invited someone to the property after a court has already ordered that person to stay away? If so, a landlord often can file for immediate eviction, as per Missouri Revised Statute Section 441.720.1. These emergency evictions are final in as little as 24 hours.
How to Evict a Boarder for Non-Payment of Rent
When dealing with a roommate who isn’t on the lease but refuses to leave, if he defaults on rent, the landlord should file a Petition for Rent and Possession with the court located in the same county as the property. The clerk must schedule a court date within 14 days of receipt and issue a summons to the tenant.
The petitioner must hire someone to serve the tenant, according to Missouri Revised Statute Section 535.040, and file orders for service with the court. Personal service is required to collect a monetary judgment, but a judge can order an eviction without it.
If the tenant doesn’t show up to court, a default judgment is ordered and finalized within 10 days. If the tenant pays the past-due rent in full, the petition is thrown out.
Read More: Terminating a Month to Month Rental Agreement
How to Evict a Boarder Who Doesn’t Have to Pay
Evicting a family member with no lease or other unofficial boarder starts with the landlord officially ending the tenancy by serving the boarder with a Notice to Vacate, as stated in Missouri Revised Statue Section 441.060. This notice must be delivered 30 days before the start of the next full calendar month. For instance, if a landlord cannot serve the paperwork until August 3, the last day of tenancy is September 30.
If the boarder doesn’t leave by the end of the tenancy period, the landlord must serve him with a 10-Day Notice to Terminate. If the boarder doesn’t move out within those 10 days, the landlord may file an Affidavit and Petition in Unlawful Detainer. The process is similar to a Petition for Rent and Possession, except for three things:
- The clerk doesn’t have to schedule a court date within 14 days of receipt;
- The boarder can contest the eviction, in which case the judge schedules a trial in seven to 14 days; and
- Any judgment is final in 30 days.
When a Boarder Is Evicted but Still Won’t Leave
If a boarder refuses to leave after an eviction judgment is final, a landlord can file a Writ of Restitution with the court. A sheriff’s deputy will escort the boarder out of the property within seven to 10 days. However, the landlord must attend the eviction and have the means to move all the boarder’s property to the curb before changing the locks.
Double Damages for Illegal Roommates and Sublets
Missouri eviction laws aren’t kind to legal tenants who allow other people to move in with them or take over their leases without landlord permission. Evicting a family member with no lease or other unofficial boarder requires getting the landlord involved. Worse? According to Missouri Revised Statue Section 534.330, the landlord may request double the rent owed and damages in these situations.
- MoBarCLE.org: EVICTIONS IN GENERAL
- Missouri Revisor of Statutes: Chapter 441
- Missouri Revisor of Statutes: Chapter 535
- Missouri Revisor of Statutes: Chapter 534
- Legal Beagle: How to Evict Someone in Missouri
- Legal Beagle: Trailer Park Resident Rights and Eviction Law in Missouri
- Legal Beagle: The Legal Differences Between Renters & Boarders
- Legal Beagle: Terminating a Month to Month Rental Agreement
- Legal Beagle: How to Evict a Family Member From a House
- Legal Beagle: Types of Damages Recoverable in a Lawsuit
- You may want to consult a lawyer or legal aid for assistance in evicting your boarder.
With over 20 years of professional writing experience, Hilary Ferrand knows her way around the interwebs. Find out more by following her at LinkedIn.