April 23, 2025
As a landlord or property manager of a multifamily apartment complex in Missouri, one of your core responsibilities is maintaining the safety and comfort of your residents. When a visitor begins to cause disturbances, pose a threat, or otherwise overstay their welcome, you may need to take formal steps to bar them from the premises. Missouri law provides you with the authority to do so – only if it’s done correctly.
This post outlines your legal rights and best practices when issuing a No Trespass Notice to a non-tenant visitor at your property.
Legal Authority to Exclude Visitors
In Missouri, landlords and property managers, as lawful possessors of the property, have the legal authority to revoke access to non-tenant individuals. This includes any guest, visitor, or unauthorized occupant—particularly if their behavior is disruptive, harassing, illegal, or in violation of lease terms.
However, you must exercise this authority without infringing on a tenant’s lawful right to peaceful enjoyment or freedom of association, as protected under Missouri landlord-tenant law and the lease agreement.
You may validly exclude a visitor when:
- They have engaged in criminal or threatening behavior (e.g., drug use, violence, property damage, harassment).
- They have been the subject of complaints from tenants or staff.
- They are not connected to any current tenant or have exceeded any guest duration limits set in the lease.
Step-by-Step Guide: Issuing a No Trespass Notice
- Document the Conduct
Start by compiling a detailed record of the conduct that led to your decision. This should include:
- Dates and times of incidents
- Written complaints from other tenants
- Security or surveillance footage
- Police reports or emergency service calls
This documentation provides critical support if enforcement or legal action becomes necessary.
- Deliver a Formal No Trespass Letter
Prepare a written notice to the visitor that includes:
- The individual’s full name or identifying details
- A clear statement that they are no longer welcome on the premises
- A warning that future entry will be considered criminal trespass under § 569.140, RSMo
Where possible, the notice should be hand-delivered in the presence of a witness or law enforcement officer.
- Notify the Tenant (if applicable)
If the barred visitor is connected to a current tenant, issue a separate notice to the tenant, informing them that:
- Their guest is no longer permitted on the property
- Allowing them to return may constitute a lease violation, possibly resulting in termination under “unauthorized occupants” or “illegal activity” provisions
- Coordinate with Law Enforcement
Provide a copy of the No Trespass Notice to your local police department, and request that they enforce the order if the barred individual returns. Missouri law allows them to act once a person has been explicitly informed in writing that they are not allowed on the property.
Key Statute: § 569.140, RSMo
“A person commits trespass in the first degree when he or she knowingly enters unlawfully or remains unlawfully in a building or inhabitable structure or upon real property… after being notified not to do so by the owner or by another authorized person.”
This provision is what empowers property owners and managers to legally exclude non-tenants and to request police enforcement when boundaries are violated.
Cautions and Best Practices
- Avoid Discriminatory Enforcement: Base your decision on conduct alone—not on race, religion, gender, disability, familial status, or other protected characteristics. Doing otherwise may violate the Missouri Human Rights Act or Fair Housing Act.
- Review Your Lease: Make sure your lease includes guest policies and clauses that give you authority to act when visitors threaten the community’s safety or peace.
- Be Consistent: Apply your no trespass policy uniformly across residents and visitors to avoid claims of selective enforcement or retaliation.
Conclusion
Issuing a No Trespass Notice is a powerful tool for landlords – but one that must be used responsibly. When supported by documentation and delivered appropriately, it can protect your tenants, reduce liability, and maintain the integrity of your property.
If you need a customizable No Trespass letter, assistance communicating with local law enforcement, or a review of your lease documents to ensure enforceability, contact julie@mokslaw.com or call 816-262-2207. We are here to help Missouri landlords enforce their rights with clarity and confidence.