🏛️ Courthouse Information and Locations for Missouri
Missouri Eviction Laws: Notice Requirements, Process, and Timelines
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.
Missouri Eviction Laws
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).
⚡ Quick Overview
💰 Nonpayment of Rent
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.
📋 Lease Violation
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.
📬 Service of Process
Summons must include court date. Service by sheriff; deputy; or authorized process server (RSMo § 534.050).
🏛️ Court & Legal Information
Pay-and-stay by tenant; continuances; appeal stays (10 days); Kansas City/St. Louis backlogs
⚖️ Appeals & Post-Judgment
Sheriff executes writ; if sheriff fails within 7 days landlord may enter peacefully with law enforcement present (§ 441.060(5))
📦 Tenant Property & Abandonment
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.
🏦 Security Deposits
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.
💵 Late Fees
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.
🛡️ Tenant Protections
No rent control. No state preemption statute but no locality has enacted. SB 895 (2024) bans local eviction moratoriums without state approval.
🏙️ Local Overrides & City-Specific Rules
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.
Underground Landlord📝 Missouri Eviction Process (Overview)
- Serve the required notice based on the eviction reason (nonpayment or lease violation).
- Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
- File an eviction case with the Associate Circuit Court - Rent and Possession (Ch. 535). Pay the filing fee (~$$25-75).
- Tenant is served with a summons and has the opportunity to respond.
- Attend the court hearing and present your case.
- If you prevail, obtain a writ of possession from the court.
- Law enforcement executes the writ and removes the tenant if necessary.
🏛️ Courthouse Information and Locations for Missouri
📊 Data Confidence
ℹ️ Filing fees are approximate and may change - verify with local court clerk before filing | ℹ️ Eviction timelines are estimates - actual duration varies by county caseload, tenant response, and case complexity
Underground Landlord
Missouri Evictions: Complete Landlord Guide (Updated January 2026)
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.
Overview: How Evictions Work in Missouri
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.
Key Distinction: Rent and Possession vs. Unlawful Detainer
Understanding which type of case to file is critical:
- Rent and Possession (Chapter 535): Used for nonpayment of rent only. The tenant CAN stop this eviction by paying all rent owed (“pay and stay” right). Best when landlord wants to collect rent and would continue the tenancy if paid.
- Unlawful Detainer (Chapter 534): Used for lease violations, holdovers, and terminated tenancies. The tenant CANNOT stop this eviction by paying rent—no “pay and stay” right. Also imposes a penalty of twice the fair rental value for every day the tenant remains after termination.
Missouri Notice Requirements
Missouri does not have a state-mandated grace period—rent is considered late the day after it’s due.
Nonpayment of Rent
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.
Lease Violations: 10-Day Notice to Quit
For violations other than nonpayment, landlords must serve a 10-day Notice to Quit. The notice must:
- Identify the specific violation
- State that the tenant must vacate within 10 days
- Note: Missouri law does NOT require landlords to give tenants an opportunity to cure
Illegal Activity: 10-Day Notice (No Cure)
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.
Month-to-Month Termination: 30-Day Notice
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.
Year-to-Year Tenancy: 60-Day Notice
To terminate a year-to-year tenancy, 60 days’ notice is required (Mo. Rev. Stat. § 441.050).
Holdover After Lease Expiration
If a tenant remains after the lease termination date, no additional notice is required—the landlord can immediately file for Unlawful Detainer.
Missouri Eviction Process Timeline (Step by Step)
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:
- Petition for Rent and Possession: For nonpayment only
- Unlawful Detainer Complaint: For lease violations, holdovers, terminated tenancies
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:
- Personal service to tenant
- Posting and mailing (if personal service fails after at least one attempt)
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.
Expedited Eviction
Missouri allows expedited eviction in emergency situations where delay would result in:
- Physical harm to persons
- Substantial property damage
- Continued illegal activity
The landlord must first attempt to abate the emergency through law enforcement or mental health services. This is a limited remedy for serious situations.
Tenant Defenses Landlords Should Anticipate
- Improper notice: Wrong notice type, insufficient time, or defective service.
- Grounds not stated in notice: Landlords cannot rely on eviction grounds not stated in the termination notice.
- Payment (Rent and Possession only): Tenant can pay all rent owed to stop a Rent and Possession case.
- Retaliation: Missouri prohibits evictions in retaliation for tenant exercising legal rights.
- Habitability issues: Landlord failed to maintain the property.
- Waiver by accepting rent: Accepting rent after a lease violation may waive the right to evict for that breach.
Missouri Eviction Context (Late 2025–January 2026)
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.
Best Practices for Missouri Landlords
- Give written notice even when not strictly required—it strengthens your case.
- Choose the correct case type: Rent and Possession if you’d accept payment; Unlawful Detainer if you want the tenant out regardless.
- Remember: accepting rent after a violation may waive your right to evict for that breach.
- State specific grounds in your termination notice—you cannot rely on grounds not included.
- Keep complete records: lease, rent ledger, notices, proof of service, communications.
- Serve documents at least 4 days before the hearing.
- Never attempt self-help eviction.
- Handle abandoned property according to Mo. Rev. Stat. § 441.060—make reasonable efforts to notify the tenant.
Quick Reference: Missouri Eviction Rules
- Nonpayment of rent: No statutory notice required (demand recommended)
- Lease violations: 10-day Notice to Quit
- Illegal activity: 10-day notice (no cure opportunity)
- Month-to-month termination: 30-day notice (one rental period)
- Year-to-year termination: 60-day notice
- Holdover after lease expiration: No notice required
- Service of summons: At least 4 days before hearing
- Appeal period: 10 days after judgment
- Time to vacate after writ: Typically 5 days
- Unlawful Detainer penalty: 2x fair rental value per day
- Filing fees: $40-$100 (varies by county)
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.