Locked Out Without a Court Order: Missouri Tenant Rights
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
Illegal lockout.
Went to landlord to let me in and he stated only my husband had all the keys, so I called police only for them ro tell me to take it to cival court.
Attorney Answer
A landlord cannot lawfully keep a tenant out of the home without a court order — but the facts here don't show the locks were actually changed, so two different legal paths apply.
If you are a tenant or otherwise a lawful occupant, a landlord who removes or excludes you from the property without going through the courts is deemed guilty of forcible entry and detainer under Mo. Rev. Stat. § 441.233, and you can sue for damages. That said, a landlord who simply won't unlock the door for someone without a key sits in murkier territory than one who changed the locks outright — which is why a documented, formal request for access matters.
If the real obstacle is that your husband holds the only keys, that is a family-law issue rather than a landlord-tenant one. Absent a court order, a spouse generally cannot lock the other spouse out of the marital home either, and police can sometimes conduct a civil standby so you can retrieve belongings while the underlying dispute is resolved.
What you can do:
1. Gather proof that you're a tenant or lawful occupant — the lease, mail addressed to you at that address, or ID showing that residence.
2. Send the landlord a written, dated request for access that states your tenancy and asks to be let into the unit.
3. Document every refusal going forward, including dates, times, and what was said.
4. If access continues to be denied, a forcible entry and detainer claim under § 441.233 is available; if the dispute is really about the keys your husband controls, consult a family-law attorney about access to the marital home.
Relevant Case Law
Women's HealthPartners, Inc. v. River Landing, LLC, 414 S.W.3d 79 (2013) — Missouri Court of Appeals
Under section 441.233, R.S.Mo. (2000), “a landlord or its agent who removes or excludes a tenant or the tenant’s personal property from the premises without judicial process and court order ... shall be deemed guilty of forcible entry and detainer.”
It confirms that under Missouri law excluding a tenant from the premises without a court order is forcible entry and detainer, which is the basis for the claim the answer describes.
Read the full opinion (CourtListener)
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Courts & Legal Aid in Missouri
- File or look up a case through the Missouri Courts, which serves the state.
- Get free civil legal help from Legal Services of Missouri.
- Use the LSC — Find Legal Aid to find a local legal-aid office by ZIP code.
- Use the LawHelp.org to browse free legal information and self-help resources.
- Use the ABA Lawyer Referral Directory to get matched with a local attorney through your state bar.
- Visit HUD — Housing Discrimination Complaint to report housing discrimination.
- Visit CFPB Consumer Tools to tenant, mortgage, and eviction resources.
Frequently Asked Questions
Can a landlord lock a tenant out without a court order?
Generally no; most states require landlords to go through the courts to remove a tenant, and self-help lockouts can expose the landlord to liability.
What can a tenant do if locked out of their home?
Generally, document the lockout, request access in writing, and consider a civil claim for wrongful exclusion if the landlord won't restore access.
Can a spouse lock the other spouse out of a shared home?
In many states, absent a court order, one spouse generally cannot exclude the other from the marital home, and a family law attorney can advise on access remedies.
