Missouri Eviction Procedures: Complete Guide for Landlords & Tenants

Overview

Missouri law (Mo. Rev. Stat. §§ 535.010–535.200) governs the eviction process for residential tenants. Landlords must follow a strict legal process to remove a tenant — self-help evictions such as changing locks, shutting off utilities, or removing a tenant's belongings are illegal in Missouri.

This guide covers every step of the Missouri eviction process, from required notices to court proceedings, tenant defenses, and what happens after a judgment.

Key Takeaways

• Self-help evictions are illegal — landlords must go through the courts
• Nonpayment of rent: Landlord may make an immediate demand for payment or possession
• Lease violations: 10-day notice to cure or vacate
• Month-to-month termination: 30-day written notice (no cause required)
• Illegal activity: Immediate action permitted
• Court filing required: Rent-and-possession or unlawful detainer action in circuit court
• Only a sheriff can execute an eviction after a court order is issued

Grounds for Eviction

Missouri landlords may evict tenants for the following reasons:

1. Nonpayment of rent: The tenant has failed to pay rent when due
2. Lease violation: The tenant has materially breached a term of the lease
3. Holdover tenancy: The tenant remains in the unit after the lease has expired without the landlord's consent
4. Illegal activity: The tenant has engaged in illegal activity on the premises
5. End of month-to-month tenancy: The landlord wishes to terminate a periodic tenancy with proper notice

Important Distinction

Missouri does not require landlords to have "just cause" to end a month-to-month tenancy. A landlord may terminate a month-to-month lease for any lawful reason with proper notice, provided it is not retaliatory or discriminatory.

Notice Requirements

The type and duration of notice depends on the grounds for eviction:

Nonpayment of Rent

Missouri does not require a specific waiting period for nonpayment of rent. The landlord may make an immediate demand for payment or possession. If the tenant fails to pay, the landlord may file a court action.

Practical tip: Most landlords send a written demand for rent before filing in court. While not legally required, this creates a paper trail and demonstrates good faith.

Lease Violations

For material lease violations (unauthorized pets, excessive noise, unauthorized occupants, etc.), the landlord must provide a 10-day notice to the tenant, giving them the opportunity to:

• Cure the violation within the 10-day period, or
• Vacate the premises if the violation cannot be cured

If the tenant neither cures the violation nor vacates within 10 days, the landlord may proceed to file in court.

Month-to-Month Tenancy Termination

Either party may terminate a month-to-month tenancy by providing 30 days' written notice before the end of a rental period. The notice must:

• Be in writing
• Specify the date of termination
• Be delivered to the other party (in person, by mail, or as permitted by the lease)

Illegal Activity

If the tenant is engaged in illegal activity on the premises (drug manufacturing, drug distribution, or other criminal conduct), the landlord may take immediate action by filing in court without a waiting period.

cite: Mo. Rev. Stat. § 535.010–535.060

The Court Process

Step 1: Filing the Action

After the notice period expires (or immediately for nonpayment or illegal activity), the landlord files one of two actions:

• Rent and Possession Action (Mo. Rev. Stat. § 535.010): For nonpayment of rent — seeks both unpaid rent and possession of the property
• Unlawful Detainer Action (Mo. Rev. Stat. § 534.030): For holdover tenants or lease violations — seeks possession of the property

The landlord files in the circuit court of the county where the rental property is located.

Step 2: Service of Process

The tenant must be formally served with the court summons and petition. Service methods include:

• Personal service: Delivered directly to the tenant
• Posting and mailing: If personal service fails, the summons may be posted on the property and mailed to the tenant's last known address

Step 3: Court Hearing

• The tenant typically has 4–10 business days to respond or appear in court after being served
• Both parties present their case before a judge
• The tenant may raise defenses (see Tenant Defenses below)
• If the tenant does not appear, the court may enter a default judgment in favor of the landlord

Step 4: Judgment and Writ of Execution

If the court rules in favor of the landlord:

• The court issues a judgment for possession
• If the tenant does not vacate voluntarily, the landlord requests a writ of execution (also called a writ of restitution)
• The sheriff then executes the eviction — only law enforcement may physically remove the tenant

Important: The entire process from filing to eviction typically takes 2–6 weeks, depending on the court's schedule and whether the tenant contests the case.

cite: Mo. Rev. Stat. §§ 535.010–535.200

Estimated Eviction Timeline

Note: Contested cases, appeals, or court backlogs can extend this timeline significantly.

Tenant Defenses

Tenants facing eviction in Missouri may raise several legal defenses:

1. Improper Notice

The landlord failed to provide the required notice or the notice was defective (wrong address, wrong time period, not properly delivered).

2. Retaliatory Eviction

Missouri law prohibits landlords from evicting tenants in retaliation for:

• Reporting code violations to the health department or building inspector
• Complaining about habitability issues
• Exercising any legal right under Missouri law
• Joining or organizing a tenant association

If the eviction is filed within a reasonable time after the tenant exercised a protected right, the court may presume retaliation.

3. Discriminatory Eviction

The Missouri Human Rights Act prohibits eviction based on race, color, religion, national origin, sex, ancestry, disability, or familial status. Federal Fair Housing Act protections also apply.

4. Failure to Maintain Habitability

If the landlord has failed to maintain the rental unit in a habitable condition (no heat, no running water, major structural issues), the tenant may argue the eviction is improper because the landlord breached their obligations first.

5. Rent Was Paid

The tenant has proof that rent was paid on time and in full (bank statements, receipts, canceled checks).

6. Acceptance of Rent After Notice

If the landlord accepted rent after serving an eviction notice, the court may find that the landlord waived their right to proceed with the eviction.

Illegal Eviction Practices

The following actions by a landlord are illegal in Missouri:

• Changing locks without a court order
• Shutting off utilities (water, gas, electricity) to force a tenant to leave
• Removing the tenant's personal property from the unit
• Threatening or harassing the tenant to leave
• Entering the unit and making it uninhabitable to force the tenant out

If a landlord engages in any of these practices, the tenant may:

• Call law enforcement
• File a complaint with the Missouri Attorney General
• Sue the landlord for damages, including actual damages, court costs, and potentially punitive damages

Landlord Eviction Checklist

• Identify the legal grounds for eviction
• Serve the appropriate notice (immediate demand, 10-day, or 30-day)
• Document the notice delivery method and date
• Wait for the notice period to expire
• File a rent-and-possession or unlawful detainer action in circuit court
• Ensure the tenant is properly served with court papers
• Attend the court hearing with all documentation
• If judgment granted, request a writ of execution if tenant does not vacate
• Allow the sheriff to execute the eviction — never attempt self-help

Tenant Facing Eviction Checklist

• Read the eviction notice carefully — note the type and deadline
• Determine if you can cure the violation (pay rent, fix the issue) within the notice period
• Gather all documentation: lease, rent receipts, photos, communication with landlord
• Appear in court on the scheduled date — failure to appear results in a default judgment
• Consider legal defenses: retaliation, discrimination, habitability, improper notice
• Seek legal assistance from Legal Aid of Western Missouri or Legal Services of Eastern Missouri
• If judgment is entered against you, understand the timeline for vacating

Related Missouri Resources

• Missouri Landlord-Tenant Law Overview — Full coverage of security deposits, rent control, lease agreements, and tenant rights
• Missouri Security Deposit Laws — Deposit limits, return timelines, and dispute resolution
• Missouri Courts Self-Help — Landlord/Tenant — Official court resources and forms
• Missouri Attorney General — Landlord/Tenant Law — File complaints and get guidance

Frequently Asked Questions

How long does the eviction process take in Missouri?

The typical eviction process takes 2–6 weeks from filing to physical removal, depending on the grounds, whether the tenant contests the case, and the court's schedule. Nonpayment cases tend to move faster because no notice waiting period is required before filing.

Can a landlord evict a tenant without going to court in Missouri?

No. Missouri requires all evictions to go through the court system. Self-help evictions — such as changing locks, shutting off utilities, or removing a tenant's belongings — are illegal and can result in the landlord being liable for damages.

How much notice does a landlord have to give before eviction in Missouri?

It depends on the reason. For nonpayment of rent, no notice period is required — the landlord can make an immediate demand and file in court. For lease violations, a 10-day notice to cure is required. For month-to-month tenancy termination, 30 days' written notice is required.

Can a tenant stop an eviction in Missouri?

Yes, in some cases. For nonpayment, paying all rent owed before the court hearing may resolve the case. For lease violations, curing the violation within the 10-day notice period stops the eviction. Tenants can also raise legal defenses such as retaliation, discrimination, or landlord failure to maintain habitability.

What happens to my belongings after an eviction in Missouri?

Missouri law does not have a specific statute governing abandoned property after eviction. However, landlords should exercise caution — removing or disposing of a tenant's property without proper notice may expose the landlord to liability. Best practice is to store the property for a reasonable period and attempt to notify the tenant.

Can a landlord evict a tenant for no reason in Missouri?

For month-to-month tenancies, yes — a landlord can terminate the tenancy for any lawful reason with 30 days' written notice. However, the reason cannot be retaliatory or discriminatory. For fixed-term leases, the landlord must wait until the lease expires or have a valid legal ground such as nonpayment or lease violation.

Do I need a lawyer for an eviction case in Missouri?

Neither party is required to have a lawyer in Small Claims or circuit court. However, eviction cases can involve legal complexities, and having legal representation can be beneficial. Tenants with limited income may qualify for free legal aid through Legal Aid of Western Missouri or Legal Services of Eastern Missouri.