How To Remove a Tenant in Missouri Without Filing an Eviction
If you need to move a tenant out of your property in Missouri without going through a formal eviction, there are several legal and strategic approaches you can take. Your options will depend on whether the tenant has a lease or is renting on a month-to-month basis.
Options to Remove a Tenant Without an Eviction Filing
Negotiate a Voluntary Move-Out (“Cash for Keys”)
One of the quickest and least stressful ways to remove a tenant is to offer an incentive (e.g., covering moving costs, forgiving past rent, or offering cash) in exchange for them voluntarily moving out by a specific date. This is called a “Cash for Keys” agreement and should be documented in writing to protect both parties.
Send a Formal Non-Renewal Notice (For Month-to-Month Tenants)
If the tenant is renting month-to-month, you can legally terminate the tenancy by providing proper written notice:
- Missouri law (§ 441.060 RSMo) requires at least 30 days’ written notice before the end of the rental period.
- If the tenant does not leave after the notice period, they become a holdover tenant, and you may have to proceed with an eviction.
Issue a Lease Non-Renewal Notice (For Fixed-Term Leases Ending Soon)
If the tenant has a fixed-term lease (e.g., a 12-month lease) that is expiring soon, you can provide written notice that the lease will not be renewed.
- Missouri law does not require a specific amount of notice for non-renewal, but 30-60 days’ notice is generally recommended.
Serve a Lease Violation Notice (If the Tenant Has Violated the Lease)
If the tenant has violated the lease terms (e.g., damaging property, unauthorized occupants, non- payment of rent), you can issue a formal notice to cure or vacate.
- Missouri law typically requires a 10-day notice for lease violations (§ 441.040 RSMo) before further legal action.
Offer Assistance in Finding a New Place
Some tenants may be willing to move if assistance is provided, such as:
- Helping them find another rental.
- Providing references for new landlords.
- Covering moving expenses (if it ensures a smooth transition).
- Rental assistance referrals are available at https://mokslaw.com/tenant-resources/.
What If the Tenant Refuses to Leave?
If the tenant does not leave after a voluntary agreement, lease termination, or violation notice, your only legal option is to proceed with an eviction filing in court.
- Do not engage in self-help eviction, such as changing locks or shutting off utilities—this is illegal in Missouri (§ 441.233 RSMo).
- If needed, our Firm can assist with the eviction process.
How to Refer an Eviction to Anderson & Associates
Please follow the steps below to refer an eviction matter to the Firm:
- Go to https://mokslaw.com/.
- Click on the “File a Case” button (located in the upper middle corner of the screen).
- Fill out the case information, including:
o Client Information
o Billing Information
o Property Information
o Resident Information
o Service of the Eviction Information
o Reason for the Eviction
o Collection Information
o Acceptance of the Attorney/Client Engagement Agreement - Upload supporting documents, including the Lease Agreement, Ledger, and Notices.
- Submit the case by clicking the green “Submit” button.
- Our eviction team will promptly email you with a copy of your file and a 5-digit internal file number.
If you have questions or need assistance drafting a non-renewal or move-out agreement, please reach out to us at julie@mokslaw.com or evict@mokslaw.com. We look forward to assisting
you!
Attorney Julie Anderson
Chief Executive Attorney & Managing Partner with Anderson & Associates
Visit website: MOKSLaw.com
