Can landlords change locks during an eviction?
This rental guidance was reviewed by the Tenants & Landlords Intelligence Team, specializing in lease agreements, notices, rent disputes, deposits, evictions, and tenant-landlord operational procedures.
Missouri Tenant Guide: Can Landlords Change Locks During an Eviction?
If you are a tenant in Missouri facing an eviction, you may be wondering whether your landlord has the legal right to change the locks on your rental unit during the eviction process. Understanding your rights regarding lock changes is crucial because unauthorized lockouts can affect your ability to access your home and personal belongings.
This guide provides an overview of Missouri eviction procedures and specifically addresses whether landlords can change locks during an eviction.
Missouri Eviction Process Overview
Before diving into lock changes, it’s important to understand that Missouri law governs evictions through a legal process that landlords must follow.
- Notice to Quit: Typically, a landlord must give written notice to the tenant to remedy the violation (such as nonpayment of rent) or vacate the premises. The timing and type of notice depend on the reason for eviction.
- Court Action: If the tenant does not comply with the notice, the landlord must file an eviction lawsuit (called an “unlawful detainer” action) in the appropriate court.
- Court Hearing & Judgment: A judge will hear both sides and issue a ruling. If the landlord prevails, the court will issue a writ of possession.
- Writ of Possession: This legal document authorizes the sheriff to physically remove the tenant if they do not leave voluntarily.
Can Missouri Landlords Change Locks During an Eviction?
The Short Answer
No. Under Missouri law, landlords are not allowed to change the locks or engage in a “self-help” eviction by forcibly removing tenants without a court order and proper legal procedure.
Why Lock Changes Without Court Approval Are Illegal
- Illegal “Self-Help” Eviction: Changing locks without following the court eviction process is considered an illegal eviction tactic. Missouri landlords must obtain a writ of possession from the court before physically evicting tenants.
- Tenant’s Right to Possession: Until a court-authorized eviction is carried out, the tenant has a legal right to occupy the rental property. Any landlord attempts to deny access prematurely violate tenant rights.
Relevant Missouri Statutes
- Missouri Revised Statutes Chapter 534 governs unlawful detainer and eviction procedures.
- There is no provision in Missouri law that permits landlords to change locks during an ongoing tenancy or eviction process without prior court authorization.
What Happens If a Landlord Changes Locks Without Authorization?
If your landlord changes your locks during the eviction process without a court order:
- You may have legal grounds to sue the landlord for wrongful eviction, illegal lockout, or damages.
- The landlord may be subject to civil penalties or fines.
- The tenant can still seek reinstatement or remedies through the courts.
How to Protect Yourself as a Missouri Tenant
If you fear your landlord might illegally change your locks or lock you out:
- Keep communication in writing: Maintain records of all communications with your landlord regarding rent or eviction notices.
- Understand eviction notices: Respond promptly to eviction notices or seek legal advice to contest invalid claims.
- Contact local legal aid: Organizations in Missouri can assist tenants facing unlawful eviction or lockouts.
- Do not attempt self-reentry: If locked out, do not try to break in or re-enter forcibly; this could lead to additional legal problems.
Steps Landlords Must Follow for a Legal Lock Change
Although landlords cannot change locks during an eviction process without court approval, there are situations where lock changes are allowed, such as:
- After lawful eviction: Once the tenant has been legally evicted via writ of possession, the landlord may change locks to secure the property.
- Security reasons: If there is an immediate threat or emergency, some limited lock changes may be justified, but even then, landlords must follow state laws and notify tenants accordingly.
Summary
- Missouri landlords cannot legally change locks on a rental unit during an eviction process without obtaining a court order.
- Lock changes without proper legal procedure are considered an illegal “self-help” eviction.
- Tenants have the right to remain in possession until a court orders eviction and enforcement by law enforcement.
- Tenants facing potential lock changes or eviction should seek legal advice and keep detailed records.
If you are involved in an eviction in Missouri and suspect illegal lock changes or other wrongful eviction tactics, consider contacting a Missouri tenant rights organization or legal aid for assistance specific to your situation.