Missouri handles evictions through Associate Circuit Court using an Unlawful Detainer or Rent and Possession process. Missouri is generally landlord-friendly with straightforward procedures—landlords can proceed with eviction for nonpayment immediately after rent is due (no notice required in many cases), though lease violations typically require notice. Kansas City and St. Louis may have additional local considerations. Court timelines vary by county but are generally reasonable. Below you’ll find the key details every Missouri landlord needs to know.
Comprehensive guide to Missouri's eviction process, including notice requirements, timelines, court procedures, costs, tenant protections, and landlord rights. Cases are typically filed in Associate Circuit Court - Rent and Possession (Ch. 535).
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.
10-day notice for lease violations; subletting without permission; gambling/prostitution/drug activity. 5-day notice for illegal activity. Immediate eviction possible by court order for emergencies (physical injury risk or damage exceeding 12 months rent) or drug activity (§ 441.740). Month-to-month termination: 30-day written notice (§ 441.060). Unauthorized subletting = double damages for rent (§ 534.340). No state warranty of habitability statute but courts recognize implied warranty through case law.
Summons must include court date. Service by sheriff; deputy; or authorized process server (RSMo § 534.050).
Pay-and-stay by tenant; continuances; appeal stays (10 days); Kansas City/St. Louis backlogs
Sheriff executes writ; if sheriff fails within 7 days landlord may enter peacefully with law enforcement present (§ 441.060(5))
No specific state law; once sheriff returns possession landlord can decide to store; dispose of; or donate left property. Best practice: document and store briefly.
30-day return with itemized deductions. Must hold in federally-insured financial institution. No interest required. Tenant has right to be present at move-out inspection (landlord must give reasonable written notice of inspection). Failure to allow inspection = improper withholding = double damages. Receipts required for deductions over $126.
No state limit on late fees or grace period. BUT late charges may be challenged as illegal penalty unless properly structured as liquidated damages in lease. No rent control.
No rent control. No state preemption statute but no locality has enacted. SB 895 (2024) bans local eviction moratoriums without state approval.
Kansas City: Tenant's Bill of Rights (2019) requiring landlords to provide heating; water; plumbing; electric fixtures; cooking equipment; notification policies. St. Louis: anti-discrimination protections for sexual orientation and source of income. SB 895 (2024): prohibits local eviction moratoriums without state approval.
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AI-generated, state-specific eviction notices, pay-or-quit letters, lease termination documents, and more — pre-filled with your tenant's information and built to Missouri requirements.
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Disclaimer: General educational information only, not legal advice. Court practices and outcomes may vary by county. Local ordinances in St. Louis and Kansas City may include additional rules. Consult a qualified Missouri attorney for legal advice on your specific situation.
Missouri has four procedures available for evictions: Rent and Possession, Unlawful Detainer, Expedited Eviction, and Abandonment. Most evictions are filed as either Rent and Possession (for nonpayment) or Unlawful Detainer (for lease violations and holdovers) in Associate Circuit Court. Missouri law provides relatively fast timelines, but courts strictly enforce notice and service requirements.
Missouri strictly prohibits self-help evictions. Landlords cannot change locks, shut off utilities, or forcibly remove tenants without a court order. Violations can result in legal penalties and lawsuits from the tenant.
Understanding which type of case to file is critical:
Missouri does not have a state-mandated grace period—rent is considered late the day after it’s due.
Missouri does not require a specific statutory notice period for nonpayment (Mo. Rev. Stat. § 535.060). Once rent is unpaid for one month, landlords can file for eviction. However, many landlords give a written demand for rent as best practice (commonly 3-5 days). A demand for rent on the exact day rent is due can support an Unlawful Detainer filing if not paid that day.
For violations other than nonpayment, landlords must serve a 10-day Notice to Quit. The notice must:
For drug-related offenses or other criminal activity (Mo. Rev. Stat. § 441.020, § 441.740), landlords serve a 10-day unconditional notice. The tenant has no opportunity to cure. For immediate drug-related violations, the lease becomes void and landlords may have grounds for expedited eviction.
To end a month-to-month tenancy without cause, landlords must provide one month’s written notice (Mo. Rev. Stat. § 441.060). The termination date should align with the end of the rental period.
To terminate a year-to-year tenancy, 60 days’ notice is required (Mo. Rev. Stat. § 441.050).
If a tenant remains after the lease termination date, no additional notice is required—the landlord can immediately file for Unlawful Detainer.
Step 1 – Serve the proper notice (if required). Deliver the appropriate notice based on the reason for eviction. For nonpayment, a written demand is recommended but not always required. For lease violations, serve the 10-day notice. Keep proof of service.
Step 2 – File the eviction lawsuit. After the notice period expires (or immediately for some violations), file in Associate Circuit Court:
Filing fees range from $40-$100 depending on the county. Include: lease agreement, rent ledger, notices, and proof of service.
Step 3 – Court issues summons and schedules hearing. The clerk assigns a hearing date (typically within 2-3 weeks) and issues a summons.
Step 4 – Serve the summons and petition. Documents must be served by the county sheriff, deputy, or court-approved process server at least 4 days before the hearing. Service methods:
Step 5 – Court hearing. Both parties appear. Bring: lease, notices with proof of service, rent ledger, photos, and any evidence. The tenant is not required to file an answer—they only must appear. If the tenant doesn’t appear, the landlord may win by default.
Step 6 – Judgment. If the landlord wins, the court issues a Judgment for Possession. For Unlawful Detainer, the court may also award double the fair rental value for each day of wrongful possession. The tenant has 10 days to file an appeal.
Step 7 – Writ of Execution/Restitution. After 10 days (if no appeal), the landlord obtains a Writ of Execution. The writ is posted on the tenant’s door, giving them typically 5 days to vacate.
Step 8 – Sheriff enforcement. If the tenant doesn’t leave, the sheriff schedules physical removal. After 7 days from writ delivery, if the sheriff hasn’t acted, the landlord may (with a law enforcement officer present) take possession and remove belongings without breach of the peace.
Missouri allows expedited eviction in emergency situations where delay would result in:
The landlord must first attempt to abate the emergency through law enforcement or mental health services. This is a limited remedy for serious situations.
Missouri provides a generally landlord-friendly eviction environment with fast timelines when procedures are followed correctly. Hearings are typically scheduled within 2-3 weeks of filing. The key to success is choosing the correct type of case (Rent and Possession vs. Unlawful Detainer) and serving proper notice.
St. Louis and Kansas City may have additional local ordinances affecting evictions—always check municipal codes. The Missouri Courts website provides downloadable eviction forms.
Bottom line: Missouri offers landlords two distinct eviction paths. Choose Rent and Possession if you’re willing to accept payment; choose Unlawful Detainer if you want the tenant removed regardless of payment. Proper notice and documentation are critical—courts strictly enforce procedural requirements.
