Understanding Eviction Notices in Missouri
Before heading to court, Missouri landlords must serve tenants with an eviction notice tailored to the situation. Whether it’s for unpaid rent, lease violations, or terminating a month-to-month agreement, we offer the right template for you.
Use our guided document editor to create a Missouri eviction notice that suits your needs. Download your completed form in PDF or Word format.
Types of Eviction Notices in Missouri
Missouri law provides different eviction notices depending on the type of lease violation or reason for termination, with each requiring a specific notice period.
Notice to Quit for Non-Payment
Use this notice for tenants who haven’t paid rent. A written demand for rent is required by law before a landlord can file an eviction lawsuit. Per MO Rev. Stat. § 535.060, any demand for rent is sufficient under Missouri law if the landlord makes it after rent is due. MO Rev. Stat. § 535.010 does not specify a grace period.
While Missouri doesn’t specify a timeframe for payment, it’s recommended that landlords allow three to five days for payment. If the tenant fails to pay, the landlord can initiate eviction proceedings. It’s best to obtain the tenant’s signature to provide evidence of the landlord’s request.
Notice to Quit for Non-Payment
Use this form to alert tenants that they must pay rent or move out.
10-Day Notice to Quit for Non-Compliance
Issue this notice to tenants for lease violations, granting ten days to fix issues or vacate under MO Rev. Stat. § 441.040. Failure to comply may lead to eviction. After ten days, the landlord can re-enter the premises to verify if the violation has been fixed. If the landlord suspects illegal activities, they must file a petition.
10-Day Notice to Quit for Non-Compliance
Use this form to tell tenants to comply with a lease provision or move out.
30-Day Notice Lease Termination
This letter must be delivered to the recipient at least 30 days in advance before a landlord can request a tenant to vacate or a lessee can request to move out under MO Rev. Stat. § 441.060(4)(1).
The tenant’s failure to vacate by the expiration of the notice period will allow the landlord to file an eviction lawsuit. The form can be given to the other party through one of the state-required affidavits of service by personally presenting the form, registered mail (return receipt), or by leaving it with a person of age at the residence.
30-Day Notice Lease Termination
Use this form to give tenants 30 days' notice that you're ending the lease.
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 that 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.
