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Daviess County · Missouri

Daviess County Landlord-Tenant Law

Missouri landlord guide — eviction rules, courthouse info & local regulations

🏛️ County Seat: Gallatin
👥 Population: ~8,430
🏭 Jamesport Amish • LDS Pilgrimage • 43rd Judicial Circuit

Landlord-Tenant Law in Daviess County, Missouri

Daviess County is one of the most historically layered counties in Missouri. The town of Jamesport hosts the largest Amish community in the state, drawing steady tourist traffic year-round for bulk food stores, furniture shops, and horse-and-buggy sightseeing. The county’s central geography contains Adam-ondi-Ahman, which Latter-day Saints founder Joseph Smith taught is where Adam and Eve moved after being banished from the Garden of Eden — a site that continues to draw LDS pilgrims and is designated as a gathering place before the Second Coming in LDS theology. Gallatin, the county seat, was the scene of the first confirmed bank robbery involving Jesse James on December 7, 1869, and later the location of Frank James’s 1883 acquittal trial. The county holds about 8,400 residents spread across Gallatin, Jamesport, Pattonsburg, Winston, Jameson, and Lock Springs. Officially, Daviess is part of the St. Joseph, MO-KS Metropolitan Statistical Area, though it functions as a rural north-Missouri county more than a metro-fringe one. For rental operators, Daviess offers something most counties its size don’t: three distinct niche-tourism anchors generating real hospitality-sector employment, plus a stable traditional rural workforce. Missouri state law governs every eviction here under RSMo Chapters 441 and 535 with no county or municipal regulations layered on top, and the 43rd Judicial Circuit handles all landlord-tenant matters from the Gallatin courthouse. This guide walks through what a Daviess County landlord needs to know.

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📊 Daviess County Quick Stats

County Seat Gallatin
Population ~8,430
Median HH Income ~$51,300
Major Employers Daviess County R-V Schools (Gallatin) and other R-schools, Jamesport Amish tourism (bulk food stores, furniture, restaurants, bed-and-breakfasts), agriculture, small manufacturing, LDS-site-related hospitality
Notable Jamesport hosts Missouri’s largest Amish community; Adam-ondi-Ahman LDS sacred site in central county; Jesse James’s first confirmed bank robbery (1869) took place in Gallatin; rare Squirrel Cage Rotary Jail museum (one of three remaining in US)
Landlord Rating 6/10 — Small Rural Market with Three Distinct Heritage-Tourism Anchors

⚖️ Eviction At-a-Glance

Nonpayment Notice Demand for Rent (no statutory minimum)
Lease Violation Notice 10-Day Notice to Quit
Court 43rd Judicial Circuit — 102 N. Main Street, Gallatin
Court Phone (660) 663-2932
Court Hours Mon–Fri 8:00am–4:30pm
Avg Timeline 28–55 days start to finish

Daviess County Local Regulations

County-level and municipal regulations that supplement Missouri state law.

Category Details
Local Ordinances Daviess County imposes no countywide landlord licensing, rental registration, or inspection ordinance. Gallatin, Jamesport, Pattonsburg, and Winston each operate basic municipal codes covering property maintenance, building permits, and zoning. Jamesport has evolved its zoning and signage to accommodate the Amish community’s commercial activity (horse-tie-up areas, buggy parking, preservation of plain-style storefronts). None of the county’s municipalities requires dedicated rental registration. Smaller communities like Jameson, Lock Springs, Coffey, and Altamont rely on state law. There is no countywide just-cause eviction rule, no mandatory lease form, and no source-of-income protection.
Rent Control Prohibited statewide under Missouri law. No municipality in Daviess County may impose rent caps or stabilization measures.
Security Deposit Missouri law does not cap security deposits. Landlords may collect any amount agreed upon in the lease. Return within 30 days of move-out with an itemized deduction list (RSMo §535.300). Failure to comply may expose the landlord to damages plus court costs.
43rd Judicial Circuit The 43rd Judicial Circuit covers Caldwell, Clinton, Daviess, DeKalb, and Livingston counties — five counties across northwest Missouri. Daviess County cases are heard at the Gallatin courthouse at 102 N. Main Street, with Associate Circuit Judge Micha Dixon handling local matters and circuit judges (Presiding Judge Ryan Horsman, based in Chillicothe) rotating per the circuit calendar. Circuit Clerk Sandy Dustman handles filings. Electronic filing has been mandatory since May 2015.
Business Entity Requirement Missouri requires that LLCs, corporations, and other business entities be represented by a licensed attorney in landlord-tenant proceedings. Individual landlords may represent themselves pro se.
Heritage-Tourism & Short-Term Rental Considerations Jamesport’s Amish-tourism economy and Adam-ondi-Ahman’s LDS pilgrimage traffic support a modest bed-and-breakfast and short-term rental market that is unusual for a county this size. Operators of STR units in Jamesport particularly should be aware of peak seasons (spring/fall weekends for Amish tourism; LDS-calendar milestone dates for Adam-ondi-Ahman traffic) and price accordingly. Gallatin hospitality demand tracks highway US-69 traffic and occasional LDS-related tourism. Neither the county nor the municipalities currently impose a dedicated STR ordinance as of early 2026.

Last verified: 2026-04-01

🏛️ Daviess County Courthouse

43rd Judicial Circuit — Gallatin

🏛️ Courthouse Information and Locations for Missouri

💰 Eviction Cost Snapshot

Typical fees for a Daviess County eviction

💰 Eviction Costs: Missouri
Filing Fee $25-75
Total Est. Range $100-400
Service: — Writ: —

Missouri Eviction Laws

State statutes that apply throughout Daviess County

⚡ Quick Overview

0 (can file immediately when rent is past due)
Days Notice (Nonpayment)
10
Days Notice (Violation)
21-60
Avg Total Days
$$25-75
Filing Fee (Approx)

💰 Nonpayment of Rent

Notice Type Rent and Possession Petition (no advance notice required for nonpayment)
Notice Period 0 (can file immediately when rent is past due) days
Tenant Can Cure? Yes - tenant can pay and stay before judgment; also after judgment before writ execution date
Days to Hearing 5-21 days
Days to Writ 10 days after judgment (appeal period) days
Total Estimated Timeline 21-60 days
Total Estimated Cost $100-400
⚠️ Watch Out

CRITICAL: Missouri does NOT require advance notice for nonpayment - landlord can file Rent and Possession immediately after rent is due. No demand required if tenant owes 1+ full month rent (lawsuit itself is deemed sufficient demand). Petition must include: exact street address; lease terms (quote entire lease or attach copy); amount of rent due at time of filing; allegation that rent was demanded and not paid. STRONG pay-and-stay right: before judgment tenant pays rent + costs to stay; after judgment tenant pays full judgment amount before writ execution date. Landlord CANNOT refuse payment. Two separate tracks: Rent-and-Possession (Ch. 535 for nonpayment only) vs. Unlawful Detainer (Ch. 534 for violations). Late charges may be challenged as illegal penalties unless defined as liquidated damages in lease. Entities (LLC/Corp) MUST have attorney.

Underground Landlord

📝 Missouri Eviction Process (Overview)

  1. Serve the required notice based on the eviction reason (nonpayment or lease violation).
  2. Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
  3. File an eviction case with the Associate Circuit Court - Rent and Possession (Ch. 535). Pay the filing fee (~$$25-75).
  4. Tenant is served with a summons and has the opportunity to respond.
  5. Attend the court hearing and present your case.
  6. If you prevail, obtain a writ of possession from the court.
  7. Law enforcement executes the writ and removes the tenant if necessary.
⚠️ Disclaimer: This page provides general information about Missouri eviction laws and does not constitute legal advice. Eviction procedures can vary by county and may change over time. Local jurisdictions may have additional requirements or tenant protections. For specific legal guidance, consult a qualified Missouri attorney or local legal aid organization.
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🔍 Reduce Your Risk Before Signing a Lease: Missouri landlords who screen tenants carefully before signing a lease significantly reduce their risk of ending up in eviction court. Understanding tenant screening in Missouri — including background checks, credit history, income verification, and rental references — is one of the most cost-effective steps you can take to protect your rental property. Before you ever need Missouri's eviction process, proper tenant screening can help you identify red flags early and avoid problem tenancies altogether.
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⏱ Notice Period Calculator

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📋 Notice Period Calculator

Select your state, eviction reason, and the date you plan to serve notice. We'll calculate your earliest filing date and key milestones.

⚠️ Disclaimer: These calculations are estimates based on state statutes and typical court timelines. Actual results vary by county, court backlog, and case specifics. Always verify current requirements with your local courthouse. This is not legal advice.
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🏙️ Communities in Daviess County

Major municipalities

Gallatin
Jamesport
Pattonsburg
Winston
Jameson
Lock Springs
Altamont
Daviess County

Screen Before You Sign

Daviess’s tenant pool mixes traditional rural workforce (schools, agriculture, small manufacturing) with a thin layer of Amish-tourism service employees in and around Jamesport and occasional LDS-connected tenants with ties to Adam-ondi-Ahman site activities. The Amish community itself largely does not participate in the conventional rental market — most plain-community members own their property. Tourism-service applicants often have seasonal income patterns that merit careful income verification. Run credit, eviction history, and identity verification before signing.

Run a Tenant Background Check →

Daviess County Rentals: Three Overlapping Histories in One Small North-Missouri County

Daviess County is what happens when an unremarkable 500-square-mile stretch of rolling north-Missouri farmland turns out to be the historical intersection point of three very different American stories. Jamesport, a town of about 500 residents, is the commercial center of Missouri’s largest Amish community and draws year-round tourist traffic from across the Midwest. The central part of the county contains Adam-ondi-Ahman, a site Joseph Smith identified in the 1830s as where Adam and Eve moved after Eden, which remains an LDS pilgrimage destination with theological significance in the Church of Jesus Christ of Latter-day Saints. Gallatin, the county seat, was the location of Jesse James’s first confirmed bank robbery in 1869, the 1838 Gallatin Election Day Battle that launched the Mormon War, and Frank James’s 1883 acquittal trial that drew enough crowds that proceedings had to be moved to the Gallatin Opera House. That’s a lot of distinctive history for a rural county of 8,400 people — and collectively, it shapes the local economy and rental market in ways most small counties don’t experience.

The Jamesport Amish Tourism Economy

Jamesport’s Amish community is the largest in Missouri and has been established in the area since the 1950s. The community includes several hundred families who work primarily in farming, furniture making, construction trades, food production, and small retail. Over the decades, Jamesport has developed into a genuine tourism destination: non-Amish visitors come to buy bulk foods, handmade furniture, quilts, and baked goods, eat at Amish-style restaurants, and experience the cultural atmosphere. The tourist traffic supports a layer of non-Amish businesses — bed-and-breakfasts, cafes, gift shops, gas stations, and service-sector operations — that employ a workforce of 100-200 local non-Amish residents.

For a rental investor, this produces a small but real hospitality-sector tenant pool concentrated in Jamesport. Single-family rents in the town typically run $550 to $800. A well-positioned single-family home or converted property can also operate as a short-term rental targeting the weekend-tourist market, particularly in spring and fall when Amish tourism peaks. Short-term rental operators in Jamesport should expect seasonal revenue concentration rather than year-round bookings, and should plan accordingly.

Adam-ondi-Ahman and LDS Pilgrimage

Adam-ondi-Ahman sits on a bluff overlooking the Grand River in the central part of Daviess County and is owned and maintained by the Church of Jesus Christ of Latter-day Saints. The site has deep theological significance in LDS teaching: Joseph Smith identified it as the location where Adam and Eve lived after being expelled from the Garden of Eden, and church teaching identifies it as the location where Adam will preside at a future gathering before the Second Coming of Jesus Christ. The site is maintained as a quiet open-space preserve and draws LDS visitors, particularly around significant dates on the LDS calendar.

For rental operators, LDS-pilgrimage traffic is small-scale but real. It supports a small bed-and-breakfast layer in Gallatin and the surrounding area, and occasional rental demand from LDS members who work temporarily at the site or in associated church activities. This is a niche tenant segment but a stable one.

The Jesse James Heritage Layer

Gallatin’s connection to Jesse James and the James-Younger Gang is substantive. The December 7, 1869 robbery of the Daviess County Savings Association in which James killed cashier John W. Sheets was the first confirmed bank robbery involving Jesse James. Though the original Savings Association building and the Gallatin Opera House where Frank James stood trial no longer exist, the Winston Rock Island Line train station still stands and operates as a historical society museum. The county also hosts the Daviess County Squirrel Cage Rotary Jail, one of only three remaining in the United States, now a museum listed on the National Register of Historic Places.

The James heritage draws a steady trickle of western-history tourists and supports the county’s broader historical-tourism economy. It is not, by itself, a major economic driver, but it compounds with the Jamesport and Adam-ondi-Ahman traffic to produce a hospitality economy larger than what the county’s 8,400-person population would otherwise support.

Gallatin and the Regular Rental Market

Gallatin (pop. ~1,821) is the county’s rental-market center. The city sits at the intersection of US-69 and US-36, with highway access to Kansas City (85 miles south), St. Joseph (50 miles west), and Chillicothe (20 miles east). Rental inventory is modest but deeper than the smaller county communities. Single-family rents run $600 to $900 for serviceable homes. Acquisition prices for rental-grade inventory typically range from $70,000 to $140,000. The tenant pool includes Daviess County R-V school employees, small-business workforce, highway-corridor service workers, and occasional LDS- or tourism-connected residents.

Pattonsburg and Winston are smaller communities (each under 300 residents) with thin rental markets. Most housing in these towns is owner-occupied or family-held. External investment in these sub-markets is rare.

Eviction Procedure in the 43rd Circuit

Missouri state law governs every eviction in Daviess County. The 43rd Judicial Circuit covers five counties: Caldwell, Clinton, Daviess, DeKalb, and Livingston. Daviess County cases are heard at the Gallatin courthouse at 102 N. Main Street, with Associate Circuit Judge Micha Dixon handling local matters and circuit judges rotating through the five counties per the circuit calendar. Presiding Judge Ryan Horsman sits in Chillicothe (Livingston County). Circuit Clerk Sandy Dustman handles filings.

A standard nonpayment case begins with a demand for rent. Missouri imposes no minimum notice period for nonpayment beyond the demand itself; once rent is past due and a written demand has been delivered, the landlord may file a rent-and-possession action under RSMo Chapter 535. Daviess County hearings are typically scheduled within two to four weeks of filing, though circuit-scheduling constraints across the five counties can extend matters. For a lease-violation eviction (unlawful detainer under RSMo Chapter 534), a 10-day notice to quit is required before filing. Uncontested nonpayment in Daviess typically closes in 28 to 35 days when the landlord’s documentation is clean; contested matters can extend to 50 days or more.

Security Deposits and Routine Compliance

Missouri imposes no cap on security deposits. Daviess County adds no local layer. Landlords typically collect one month’s rent as deposit. The compliance trap remains the 30-day return window with itemized deductions under RSMo §535.300. Document move-in and move-out condition with dated photos, produce a written itemization for any deductions, and mail the deposit balance within 30 days.

The Investment Frame

Daviess County is an unusual small market. The three heritage-tourism anchors — Jamesport Amish, Adam-ondi-Ahman, Jesse James — collectively support a more diverse service-sector economy than typical 8,000-person rural counties offer, though none of the anchors is large enough alone to drive the market. Gallatin functions as a conventional small county seat with modest rental demand. Acquisition prices remain low, rents are modest but supportable, and vacancy is typically short once a property is positioned for its local sub-market.

The right investor for Daviess County recognizes that Jamesport, Gallatin, and the Adam-ondi-Ahman area are meaningfully different sub-markets with different tenant pools and different seasonal patterns. The wrong investor treats this as a generic rural county and is surprised by the niche demand patterns that actually drive the rental economy here. For a hands-on operator willing to attend to the sub-market distinctions, Daviess can produce steady income on a small portfolio — especially with one or two short-term rental units in Jamesport to capture the heritage-tourism revenue upside.

Neighboring Missouri Counties

← View All Missouri Landlord-Tenant Law

Disclaimer: This page provides general information about landlord-tenant law in Daviess County, Missouri and is not legal advice. Always verify current requirements with the 43rd Judicial Circuit Court or a licensed Missouri attorney before taking legal action. Last updated: April 2026.

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