A Missouri eviction notice, completed by landlords, initiates the eviction process by adhering to state laws, specifying the reason for eviction, and providing tenants with a legal response or relocation timeframe. This document must include basic details such as the eviction reason and deadlines, potentially leading to court proceedings if not resolved.
By Type
10-Day Notice to Quit for Non-Compliance
Issue this notice to tenants for lease violations, granting ten days to fix issues or vacate. Failure to comply may lead to eviction.
30-Day Lease Termination
Use this letter to end a month-to-month tenancy with a 30-day notice.
Eviction Laws & Requirements
- Eviction Lawsuit: Chapter 441 and Chapter 535 of the Revised Statutes of Missouri.
- Grace Period for Rent Payment: No grace period for the late payment of rent. (§ 535.010).
- Late or Non-Rent Payment Notice: Immediate (§ 535.010).
- Notice of Non-Compliance: 10 days (§ 441.040).
- Lease Termination (Month-to-Month): 30 days (§ 441.060).
How to Evict a Tenant in Missouri
In Missouri, eviction lawsuits are governed by Chapters 441 and 535 of the Revised Statutes of Missouri.
Step 1: Provide written notice
The eviction process in Missouri begins when the landlord provides written notice to the tenant. The notice should indicate the reason for the eviction and any applicable compliance deadline.
Step 2: File for eviction
If the tenant doesn’t pay the owed rent, the landlord can proceed by filing a Petition for Rent and Possession. They must file this petition specifically at the circuit court in the county where the real property is located.
If the tenant is being evicted for non-compliance, the landlord should file an unlawful detainer action. The landlord is generally responsible for ensuring the tenant is adequately served with the complaint and summons.
Step 3: Attend the hearing
The landlord and tenant attend the hearing, and the court issues a judgment. If the decision favors the landlord, the tenant has ten days to appeal. After this time has elapsed, the landlord can apply for a writ of possession. Each county uses its own form for a writ of possession. This document gives the sheriff the legal authority to remove a tenant from the property physically.
Step 4: Contact the sheriff
Once you receive an approved writ of possession, you can send this document to the sheriff’s office, and the tenant can be physically removed from the property.
Related Missouri Court Forms
The following forms are specific to Jackson County and should be viewed as examples only:
- Landlord’s Petition for Rent and Possession: The landlord must fill out the petition and file it with the circuit court to officially begin the case. This petition states the landlord’s legal justification for evicting the tenant.
- Motion for Order to Post: A Motion for Order to Post requests the court allow the eviction process to proceed.
- Judgment for Defendant: The judgment must be completed to make the court’s order official.
- Request for Writ of Possession: A writ of possession authorizes the sheriff’s office to possess the property physically. Each county uses its own form for this purpose.
