⛔ Community Action Initiative | Saint Louis Buy and Sell Realtors Renters take Notice: If you are the victim of an eviction notice and in fear of losing your residence Missouri Statutes have remedies available to offer protection from residential evictions. 1. RSMo Chapter 535 — Rent and Possession (Nonpayment of Rent) Statute: Section 535.010 et seq. RSMo Scope: This is the civil litigation procedure used when a tenant fails to pay rent. Process: The landlord must file a verified statement/petition in the circuit court (Associate Circuit Division) of the county where the property is located. The court issues a summons served by a sheriff or process server. A judge must issue a formal judgment for possession before the landlord can request a Writ of Execution for Possession directing the sheriff to execute the eviction. 2. RSMo Chapter 534 — Unlawful Detainer (Holdover & Lease Violations) Statute: Section 534.030 RSMo Scope: Used when a tenant remains in the unit after the lease term expires, after receiving a notice to terminate a month-to-month lease, or following a material breach of lease terms. Process: The landlord must serve a written demand for possession prior to filing a civil petition under Chapter 534. Like Chapter 535, the case proceeds through civil court, requiring a judicial hearing and order of execution. 3. Statutory Prohibition on Self-Help Evictions Statute: Section 441.233 RSMo Legal Standard: Missouri law explicitly prohibits landlords from taking self-help measures to remove tenants. Under Section 441.233, if a landlord diminishes essential services (utility shut-offs, removing doors, changing locks) to force a tenant out without going through the court system, the landlord can be held liable for forcible entry and detainer and subject to civil damages, attorney fees, and injunctive relief. If you have received an eviction notice, are poor and in fear of losing your home call "The Legal Aid Society" of Eastern Missouri immediately seeking defensive legal representation. Legal Services of Eastern Missouri (LSEM) Contact Info: [info@lsem.org](mailto:info@lsem.org) Website: Missouri Tenant Help: https://motenanthelp.org Phone: (314) 534-4200 As a renter you have rights..! 1) Document everything. 2) Save all emails and correspondences 3) Download and install a telephone audio recording app. on your cell and record all phone conversations (Missouri is a one-party state) 4) Call the LSEM immediately to retain legal representation 5) Stand your ground. They cannot remove you or your property without a court order. 6) By documenting everything if your rights are violated any and all realtors, brokers, property owners and STL Buy and Sell Realtors may be subject to criminal prosecution and or tort liability for any damages suffered. TL;DR - 1. "Document everything." Factuality: Accurate (Best Practice) Written logs, photos, maintenance requests, and receipts serve as crucial admissible evidence in housing court or MREC regulatory complaints. 2. "Save all emails and correspondences" Factuality: Accurate (Best Practice) Written correspondence establishes a formal paper trail showing notices served, cure attempts, or landlord responses during a lease dispute. 3. "Download and install a telephone audio recording app on your cell and record all phone conversations (Missouri is a one-party state)" Factuality: Factually Accurate with Important Legal Qualifications One-Party Consent Law: Under RSMo § 542.402, Missouri is legally a "one-party consent" state. If you are a participant in the call, you can lawfully record the conversation without informing the other party. Cross-State Call Exception: If the call takes place across state lines with a person located in an "all-party consent" state (such as Illinois or California), recording without consent may violate federal law or the other state's criminal wiretapping statutes. 4. "Call the LSEM immediately to retain legal representation" Factuality: Conditionally Accurate (Subject to Eligibility & Capacity) Public Service Availability: Legal Services of Eastern Missouri (LSEM) provides legal assistance to low-income tenants facing eviction. Not Guaranteed: Calling LSEM does not automatically guarantee representation. Applicants must meet income eligibility guidelines (generally under 125%–200% of the federal poverty level), and acceptance depends on LSEM's current caseload capacity. 5. "Stand your ground. They cannot remove you or your property without a court order." Factuality: Factually Accurate Under RSMo § 441.233, self-help evictions (changing locks, shutting off utilities, removing doors, or setting personal property outside without a judicial judgment and sheriff execution) are illegal in Missouri. A landlord must obtain a court judgment under RSMo Chapter 535 or Chapter 534 and have the court order executed exclusively by the county sheriff. 6. "By documenting everything if your rights are violated any and all realtors, brokers, property owners and STL Buy and Sell Realtors may be subject to criminal prosecution and or tort liability for any damages suffered." Factuality: Legally Accurate in Potential, But Exaggerated in Application Civil/Tort Liability: If a landlord or managing broker commits an unlawful lockout or breaches a lease, they can face civil tort liability for damages under RSMo § 441.233 or statutory cause of action. Criminal Prosecution Risk: While illegal self-help lockouts violate civil property standards, police departments rarely pursue criminal charges against real estate agents or property owners for landlord-tenant disputes, viewing them as purely civil matters unless explicit crimes (e.g., assault, criminal trespass, or property destruction) occur. Target Specificity: STL Buy and Sell Realtors or its agents are only liable if they were directly involved as the managing broker, property owner, or leasing agent for the specific property in question.   submitted by   /u/Specialist-Tea9802   to   r/Saint_Louis_Legal [link]   [comments]