Introduction
Thinking about selling your rental property but dealing with tenants? Many landlords wonder if they should evict tenants before selling or sell with tenants in place. While evictions can be stressful and legally complex, they are sometimes necessary to maximize your sale price, attract more buyers, or resolve ongoing tenant issues.
In this guide, we’ll break down when eviction is necessary, legal steps to follow in Missouri, and whether you should sell your property occupied or vacant.
1️⃣ Should You Evict a Tenant Before Selling?
Before deciding to evict, consider these key factors:
📌 When Eviction Makes Sense:
- The tenant is not paying rent or violating the lease.
- The lease is month-to-month, and you want a smooth sale process.
- The tenant is damaging the property, making it harder to sell.
- You want to list the home on the open market for traditional buyers who prefer vacant properties.
📌 When Keeping a Tenant Is Better:
- The tenant is paying rent on time and maintaining the property.
- You plan to sell to an investor who prefers tenant-occupied properties.
- The lease has several months left, and breaking it early could lead to legal issues.
✅ Pro Tip: If your goal is to sell quickly and avoid conflict, offering a cash-for-keys agreement may encourage tenants to leave without an eviction.
2️⃣ Understanding Missouri’s Eviction Laws
If you decide to evict, it’s critical to follow Missouri’s landlord-tenant laws to avoid legal trouble.
📜 Eviction Process in Missouri:
1️⃣ Provide Written Notice – You must give proper notice before filing for eviction.
- Non-Payment of Rent: 5-day notice to pay or vacate.
- Lease Violation: 10-day notice to cure or vacate.
- Month-to-Month Termination: 30-day notice to vacate.
2️⃣ File for Eviction – If the tenant does not comply, file an eviction lawsuit (unlawful detainer action) in court.
3️⃣ Court Hearing & Judgment – If the court rules in your favor, the tenant will be ordered to leave.
4️⃣ Sheriff Removal (If Necessary) – If the tenant still refuses to leave, law enforcement will enforce the eviction.
✅ Pro Tip: Never use illegal eviction tactics like shutting off utilities or removing belongings—these actions can result in legal penalties.
3️⃣ Alternatives to Eviction Before Selling
If eviction sounds too complicated, consider these alternatives:
🔹 Cash for Keys Agreement – Offer tenants a financial incentive to leave voluntarily.
🔹 Sell to an Investor – Many cash buyers purchase properties with tenants in place, saving you the hassle of eviction.
🔹 Negotiate a Lease Buyout – If the tenant has a long lease, you can offer a settlement to end the lease early.
✅ Pro Tip: Many investors prefer occupied properties with paying tenants, so you may not need to evict at all.
4️⃣ Selling an Occupied vs. Vacant Rental Property
Deciding whether to sell with tenants or evict first depends on your buyer and market conditions.
🏠 Selling with Tenants in Place:
✔️ Attracts investors who want immediate rental income.
✔️ Avoids loss of rental income during the selling process.
✔️ Works well if tenants are reliable and maintaining the property.
🏚️ Selling a Vacant Property:
✔️ Appeals to traditional homebuyers who want to move in.
✔️ Allows for staging and easier property showings.
✔️ May result in a higher selling price without tenant-related concerns.
✅ Pro Tip: If your property is in poor condition or the tenant is problematic, a cash sale may be your fastest option.
Conclusion
If you’re selling a rental property in Springfield, MO, deciding whether to evict a tenant before selling depends on your selling strategy and tenant situation. While evictions can help increase property value and attract traditional buyers, alternatives like cash-for-keys or selling to an investor can save time and reduce legal risks.
If you need to sell fast without dealing with evictions, a cash buyer may be your best option.
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Our blog The Step-by-Step Process of Selling Your Home to an Investor gives more details on how to sell to an investor for a fast closing.
Call to Action
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