What Is a Missouri Eviction Notice?
A Missouri eviction notice informs a tenant of a violation, whether it be nonpayment or a breach, and gives them time to fix it. It tells them where they infringed on the lease and asks them to either remedy the breach or move out of the property.
Using a Missouri eviction notice ensures compliance with state law. This is a necessary step before you can proceed with the rest of the eviction process, including filing a lawsuit and pursuing a judgment for possession.
Types of Eviction Notices in Missouri
There’s no universal Missouri eviction notice you can use. You must choose the correct notice type depending on the reason for eviction. Below, you can explore the different types and choose the Missouri eviction notice template that fits your needs.
Notice to Quit in Missouri (for Nonpayment of Rent)
A notice to pay rent or quit in Missouri is when tenants are past due on their rent. A written demand for rent is required by law before you can file an eviction lawsuit. According to 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 an exact notice period. You must respect any grace period included in the original lease.
While Missouri doesn’t specify a timeframe for this notice, you may allow three to five days for payment. If the tenant fails to pay after the notice provided, you can initiate eviction proceedings.
A 3-day eviction notice in Missouri shows that you’re willing to work with the tenant to collect payment.
Notice to Quit for Nonpayment
Use this form to alert tenants that they must pay rent or move out.
10-Day Eviction Notice in Missouri (for Noncompliance)
Missouri law does not explicitly outline a notice period for evictions due to simple lease violations. These may include unauthorized pets, property damage, and noise disturbances. However, common practice is to issue a 10-day notice to comply or vacate in Missouri. Always refer to the lease agreement to see the notice to which the tenant and landlord agreed.
After 10 days, you can re-enter the premises to verify whether the violation has been corrected. Ensure that you use a landlord notice to enter to respect the tenant’s privacy. If you observe the tenant’s failure to follow the provided notice, you may file an eviction lawsuit.
10-Day Notice to Quit for Noncompliance
Use this form to tell tenants to comply with a lease provision or move out.
10-Day Eviction Notice in Missouri (for Illegal Activity)
If the tenant commits an act related to illegal gambling, prostitution, or the sale of drugs, Missouri law offers specific guidance. Landlords must issue 10 days’ notice to quit (MO Rev. Stat. § 441.040). This notice is noncurable, so the tenant must move out within 10 days or face eviction proceedings.
10-Day Notice to Quit for Illegal Activity Committed by the Tenant
Send this incurable notice to a tenant who has committed illegal activity.
5-Day Eviction Notice in Missouri (for Drug-Related Criminal Activity)
If drug-related illegal activity is being committed by someone else other than the tenant on the property, you may issue a 5-day eviction notice in Missouri (MO Rev Stat § 441.750). Under state statute, this notice is curable.
5-Day Notice to Quit for Drug-Related Activity
Use this form to issue a 5-day notice to quit to a tenant if a guest, visitor, unauthorized subtenant, or unnamed household member commits a drug-related criminal offense on the property.
Lease Termination Notice in Missouri
A 30-day notice to vacate in Missouri lets you terminate a month-to-month lease without cause (MO Rev Stat § 441.060).
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. Review the steps below to learn about the Missouri eviction process and ensure you have the information available to complete all steps properly.
Step 1 – Draft & Serve an Eviction Notice
Start by selecting your Missouri eviction notice. Legal Templates offers the Missouri eviction notice forms you need to distribute, depending on your reason for eviction:
- Notice to pay or quit (typically a 3- to 5-day notice to pay rent or quit)
- 10-day notice to comply or quit
- 5-day notice to quit if illegal activity is being conducted by someone other than the tenant
Once you prepare your Missouri eviction notice with your custom details, you must deliver it to the tenant and ensure they receive it. Use one of the following delivery methods for efficient receipt:
- Personally deliver it to the tenant.
- Leave it at the property with someone at least 15 years old.
- Post it on the tenant’s door and mail a copy to them via certified mail.
Step 2 – File an Eviction Lawsuit
Allow the stated notice period to pass. Ideally, the tenant will use the allotted period to correct the violation or move out of the unit. If they ignore the notice or otherwise don’t comply, you can file an eviction lawsuit. This involves filing one of the following petitions:
- Rent and Possession Petition
- Unlawful Detainer Petition (for noncompliance)
- Expedited Eviction Petition (for illegal activity)
You must file the eviction lawsuit with the circuit court clerk in the county where the property is located. Missouri doesn’t have statewide forms, so you must obtain the exact petition from your circuit court clerk.
Step 3 – Have the Summons & Complaint Served
The court clerk will issue an official Summons & Complaint detailing the court date on which both parties must appear. You are not allowed to serve these papers yourself. Instead, you must hire the county sheriff or a court-appointed private process server. Ample notice is usually given (often up to 21 days), but four days’ notice is the minimum required before the hearing takes place (MO Rev Stat § 535.030 and MO Rev Stat § 534.090).
Step 4 – Attend the Trial
Attend the trial date that is posted on the Summons & Complaint. Here, you will present your evidence to justify the tenant’s eviction. If you win, the judge will issue a judgment for possession. Under this judgment, you gain the legal right back to the property.
Step 5 – Request and Execute the Writ of Restitution
You must allow the tenant 10 days to move out once you have a judgment for possession. They must move out on their own, and you may not force them out. If 10 days pass and they remain on the property, you must return to the circuit court and request a writ of restitution.
The sheriff can use this writ to remove the tenant. While not required, it’s common practice for them to first post notice, often as little as 24 hours’ notice and as long as 5 days’ notice. If the tenant remains, the sheriff can use force. As the landlord, you must not engage in self-help eviction practices, such as shutting off utilities or changing the locks.
Sample Missouri Eviction Notice
View an example of our Missouri eviction notice for nonpayment of rent. It lets you input your tenant’s details, the overdue rent amount, and the due date. Plus, it clearly states your intention to initiate eviction proceedings if the tenant doesn’t comply.
Customize your Missouri eviction notice form using our guided questionnaire. Then download the final document in PDF or Word, which will be ready to send to your tenant in arrears.