Missouri Eviction Process

How to Evict a Tenant in Missouri

Step 1: Notify the Tenant

The eviction process in Missouri is regulated by Mo. Rev. Stat. § 535 and § 441. The first step in the eviction notice process is notifying the tenant of the violation they have committed or the landlord’s intent to retake possession of the property. The eviction notice informs the tenant that they have violated the lease agreement and that the landlord needs them to rectify it. According to Mo. Rev. Stat. § 534.050, the landlord should submit the eviction notice to the tenant by:

• Delivering the eviction notice to the tenant directly
• Leaving it with another resident of the property over the age of 15
• Posting it on the premises
• Having it delivered by an officer authorized to do so

The tenant will then have the opportunity to rectify some lease violations, including catching up on rent or fixing any failure to follow the lease terms. If the tenant handles those problems, the landlord does not need further action.

Step 2: File an Eviction Lawsuit

Once the notice period has expired, the landlord can proceed with an eviction lawsuit if the tenant has not fixed a curable breach. The lawsuit should be filed with the Circuit Court in the county where the property is located Mo. Rev. Stat. § 534.060.

The complaint, also known as the landlord’s petition, should include the name and address of all parties involved in the issue and a property description. The complaint should note the reason for the eviction and provide any evidence the landlord might have of the tenant’s violation, including copies of police reports for illegal activity on the property.

Step 3: The Court Issues a Summons to the Tenant

The court will summon the tenant to a court date, during which the tenant can dispute the eviction and share any evidence that they took care of the violation. For most eviction-related concerns, the court date will take place no more than 21 days after the summons is issued, according to Mo. Rev. Stat. § 534.070. Mo. Rev. Stat. § 441.720 notes that in cases of expedited evictions, the court date will be no more than 15 days after the summons.

According to Mo. Rev. Stat. § 534.070, the summons must be served by the sheriff’s office in the county where the property is located. It must be delivered at least four days before the court hearing date. Mo. Rev. Stat § 534.090 notes that the notice must be delivered by:

• Giving it directly to the tenant
• Leaving it with someone on the property over the age of 15
• Posting it on the property and mailing it to the tenant

In Missouri, the tenant does not have to file a written answer to the complaint before the trial.

Step 4: Court Appearance

If the tenant has not remedied the violation or moved out of the property by the time the court date arrives, the landlord and the tenant can present their case in court. The landlord should bring:

• A copy of the lease agreement
• A copy of the initial eviction notice
• Evidence of the tenant’s lease violation
• Copies of any communications with the tenant throughout the eviction process

The tenant will also be able to present evidence, including any efforts to remedy the breach.

The court will then rule on the eviction. If the court rules in the landlord’s favor, the tenant will be ordered to vacate the property. Under Mo. Rev. Stat. § 535.030, the tenant has ten days to file a motion to set aside the judgment or to file an application for a trial de novo, and unless the judgment is set aside or an application for a trial de novo is filed within ten days, the judgment for possession will become final, and the defendant will be subject to eviction from the premises without further notice.

Step 5: Writ of Restitution

Ten days after the judgment is issued, as laid out in Mo. Rev. Stat. § 534.350, the court will issue a Writ of Restitution: the final notice that the tenant needs to vacate the property. This permits the sheriff’s office to evict the tenant if necessary forcibly. The Writ of Restitution will be posted on the property by the sheriff’s office and include the final date the tenant must leave. If the tenant does not leave the property by that date, the sheriff will return to remove them forcibly.

In the case of expedited evictions, the tenants will be given a final 24-hour notice to move out, according to Mo. Rev. Stat. § 441.770. In other cases, as laid out in Mo. Rev. Stat. § 534.355, the tenant may be given up to 15 days from the date the final judgment was issued to leave the property, giving around five days for the tenant to vacate once the writ of restitution is issued.

Eviction Reasons

Missouri has two categories of evictions: an at-fault eviction, which occurs when the tenant commits an act that causes the landlord to terminate the lease agreement, and a no-fault eviction, which happens when the landlord wants to retake possession of the property for another reason.

At-Fault Eviction

An at-fault eviction occurs when the tenant has violated the lease agreement. That includes:

• Failure to pay rent
• Ignoring the terms of the lease agreement
• Illegal activities on the property

The landlord should carefully evaluate the reason for notifying the tenant of the lease violation since each has its own waiting period.

1. Immediate Notice to Quit for Late Rent

Overview

• When the tenant fails to pay rent on time, a notice to quit for late or unpaid rent, as laid out in Mo. Rev. Stat. § 535.010, is used.
• This document notifies the tenant that the landlord intends to take possession of the property immediately.
• Missouri law does not have a grace period for unpaid rent, and the landlord can immediately move to retake possession of the property if the tenant fails to keep up with rent payments.

2. 10-Day Notice to Quit for Lease Violations

Overview

• Under Mo. Rev. Stat. § 441.040, a 10-day notice to quit for lease violations is assigned when a landlord notes that the tenant has violated the terms of the lease agreement.
• This notice gives the tenant ten days to remedy the problem or vacate the premises.
• Weekends and holidays count toward the 10-day notice period.

3. 10-Day Notice to Quit for Illegal Activity on the Property

Overview

• Mo. Rev. Stat. § 441.020 notes that a landlord can submit a 10-day notice to quit when a tenant engages in illegal activity on the property. Illegal activity, as laid out in the statute, includes using the property for prohibited gambling activities, as a brothel, or for the use, distribution, or sale of controlled substances.
• This notice allows the tenant ten days to vacate the property.
• The 10-day notice period includes weekends and holidays.

4. Immediate Notice of Eviction for Illegal Activity or Hazard

Overview

• Under Mo. Rev. Stat. § 441.740, landlords can pursue an emergency eviction immediately after removing the tenant from the property. Emergency evictions can be granted for physical injury to other tenants or the lessor, physical damage to the lessor’s property where the damages exceed more than 12 months’ rent and drug-related activity.
• This notice informs the tenant that they are immediately evicted from the property.
• When someone is removed from the property under one of these terms, the court will forbid the tenant to reenter the unit.

No-Fault Eviction

Under Missouri law, no-fault evictions occur when the landlord wants to retake control of the property but not because the tenant has not committed any violation. They generally occur because the landlord does not wish to renew the lease at the end of the term or does not want to continue an at-will lease agreement.

1. 60-Day Notice to Quit for Ending a Year-to-Year Agreement

Overview

• According to Mo. Rev. Stat. § 441.050, a 60-day notice to quit for ending a year-to-year agreement, is used when either landlord or tenant does not intend to renew the lease agreement at the end of the year. It must be submitted no less than 60 days before the end of the lease period.
• This notice provides the tenant with information about when the landlord intends to end the rental agreement and then the tenant needs to vacate the property.
• The 60 days includes weekends and holidays.

2. 30-Day Notice to Quit for Ending a Month-to-Month Tenancy

Overview

• Under Mo. Rev. Stat. § 441.060, a 30-day notice to quit is used when a landlord does not intend to continue a tenancy without a defined duration.
• This gives the tenant a month’s notice to move out of the property, with the tenancy ending on the date rent is due. The landlord must submit the notice at least one month in advance.
• The month’s notice ends the month-to-month tenancy on a rent-paying date, including weekends and holidays.

Eviction Timeline

Tenant Rights in Missouri

Even as they pursue eviction, landlords must observe tenants’ rights.

Self-Help Evictions

A self-help eviction occurs when a landlord attempts to remove the tenant from the property without going through the legal process. Self-help actions include changing the locks, removing the tenant’s possessions, shutting off utilities, and using force or threats against the tenant. Mo. Rev. Stat. § 441.223 prohibits landlords from engaging in self-help evictions.

Abandoned Property

Under Mo. Rev. Stat. § 441.065, if the tenant leaves behind property after being evicted, the landlord must give them ten days’ written notice that they intend to dispose of it. After that time, the landlord can do what they want with the property.

Resources

• Landlord’s Petition for Rent and Possession: A petition to recover rent or remove the tenant from the property.
• Motion for Order to Post: The form that requests that the court proceed with the eviction.
• Request for Writ of Possession: The form for requesting the Writ of Possession that will finalize the eviction.