Missouri Eviction Laws and Eviction Process

A reference of Missouri Eviction Laws, and steps of the Missouri eviction process for landlords and renters, updated 2021.

  • What notice do Missouri eviction laws require that landlords provide tenants before starting the eviction process?
    • For evictions based on non-payment of rent, an immediate notice will suffice. (Mo. Stat. Ann § 535.010).
    • For evictions based on the tenant’s non-compliance of the lease agreement, the landlord must give a 10-day notice. (Mo. Stat. Ann § 441.040).
    • If the property is being used as an illegal gambling house, a brothel, or for the facilitation of illegal activity related to a controlled substance, the landlord must provide a 10-day notice. (Mo. Stat. Ann § 441.020).
    • For evictions based on an illegal sublease, the landlord must provide a 10-day notice. (Mo. Stat. Ann § 441.030).
    • For evictions based on the tenant remaining in possession of the rental property after the expiration of the lease, the landlord must provide a 30-day notice. (Mo. Stat. Ann § 441.060).
  • Do Missouri eviction laws allow landlords to use “self-help eviction” methods, such as locking a tenant out of the rental unit or shutting off the utilities? 
    • No. Missouri law prohibits self-help measures, including excluding a tenant or their property from the premises, removing the doors or locks to the property, or interrupting the service of essential services to the rental unit. (Mo. Stat. Ann § 441.233).

Missouri Eviction Process: Step-by-Step

Here is how to initiate the Missouri Eviction Process

  1. Landlord delivers the eviction notice. 

The landlord provides the appropriate eviction notice that states the reason for eviction. The landlord waits for the time indicated in the notice for the tenant to vacate the property. 

  1. Landlord files legal paperwork.

After the appropriate time has lapsed and the tenant does not return possession of the property to the landlord, the landlord can officially begin the eviction process in Missouri. The landlord files a petition for rent and possession. The landlord must submit an affidavit to any associate circuit judge in the county where the property is located that sets out the terms of the rental agreement, a description of the rental property, the amount of rent due, and claims that a rent payment has not been made. The clerk of the court issues a summons to the tenant, requiring them to appear before the judge on the date listed in the summons to show cause why possession of the property should not be returned to the landlord. The court date must be no more than 21 days from the date the summons is issued. (Mo. Stat. Ann § 535.030).

The landlord files these documents with the circuit court where the real property is located. St. Louis and Jackson County have special housing courts that deal with these types of cases. 

  1. Landlord serves the tenant.

The landlord is responsible for legally serving the tenant. This is usually accomplished through personal service. The summons must be served on the defendant at least four days before the court date. 

The landlord can request that the clerk make an order that service can be accomplished by affixing a copy of the summons and the complaint in an obvious place on the dwelling at least 10 days before the court date, in addition to attempted personal service and mailing a copy of the summons and complaint to the tenant’s last known address. If the landlord does this and the tenant cannot be located, the judge can proceed in the case as though personal service occurred. (Mo. Stat. Ann § 535.030). The landlord completes a motion for order to post to accomplish this process. 

  1. Parties attend the hearing.

The landlord and tenant attend the hearing. The judge issues a judgment. If the judgment is in favor of the landlord, the tenant has 10 days to appeal the judgment. 

  1. Landlord applies for a writ of possession.

After the appeal deadline has expired, the landlord applies for a writ of possession, which gives the sheriff the legal authority to physically remove the tenant. Each county has its own form they use for this purpose. 

  1. Landlord notifies the sheriff.

In the final step of the Missouri Eviction process, the landlord sends the writ of possession to the sheriff’s office. The sheriff can then physically remove the tenant. 

SIGN-UP FOR PAYRENT

Start collecting rent online in less than 5 minutes.
  • Control when and how renters pay you
  • Automatically remind tenants when rent is due
  • Accept bank transfers and credit cards
GET STARTED FOR FREE

**Blog Article Disclaimer*

This blog article is provided for informational purposes only and does not constitute legal advice. The content is intended to offer general information and should not be relied upon as a substitute for professional legal advice tailored to your specific circumstances.

While we strive to keep the information accurate and up-to-date, laws and regulations are subject to change, and the legal landscape may vary based on jurisdiction. Therefore, we make no representations or warranties regarding the completeness, accuracy, reliability, or suitability of the information contained in this article.

Reading, accessing, or using the information provided in this blog does not create an attorney-client relationship between the reader and the author, and any reliance on the information is at your own risk. If you require legal advice or assistance, it is crucial to consult with a qualified attorney who can consider the specifics of your situation and provide advice accordingly.

The author and the platform disclaim any liability for any loss or damage incurred by individuals or entities as a result of the information presented in this blog. We recommend consulting a legal professional before making decisions or taking action based on the information provided in this article.

This disclaimer is subject to change without notice, and it is the responsibility of the reader to review and understand the disclaimer before relying on the information contained in the blog article.

PayRent is on a mission to build a rent collection app that fosters a positive and productive relationship between renters and landlords. We focus less on transactions and more on the people behind them.

pay

Subscribe to Our
Email Newsletter

Receive timely and relevant articles directly to your email inbox.
SUBSCRIBE
You can unsubscribe anytime.
We respect your privacy
close-link

SIGN-UP FOR PAYRENT

Start collecting rent online in less than 5 minutes.
  • Control when and how renters pay you
  • Automatically remind tenants when rent is due
  • Accept bank transfers and credit cards
GET STARTED FOR FREE
close-link

Discover the Truth About UFOs

Top secret documents reveal ET encounters the government has been hiding
freshmarketer CTA
SUBMIT
close-link

Donate Today

To the Center for Kids Who Can't Read Good
LEARN MORE
close-link

Protect Yourself From Robots

Smart seniors get their robot insurance from Old Glory Insurance
freshsales CTA
SUBMIT
close-link

Interested in PayRent?

Get a custom price quote when you schedule a demo.
*We won't share your information outside of our company
REQUEST A DEMO
close-link

Protect Your Evictions

PayRent gives landlords the control to block
all or partial payments from their renters.
LEARN MORE
close-link

Protect Your Privacy

PayRent allows landlords to accept payments without
ever sharing their personal information with tenants.
LEARN MORE
close-link

Automatic Rent Reporting

PayRent reports rent payments to
all 3 credit bureaus at no extra cost.
SIGN-UP FOR FREE
close-link

Track Renter’s Insurance

Require Insurance and Track Documents with PayRent
LEARN MORE
close-link

Accept Credit Cards

PayRent makes it easy for Landlords to accept
Bank Transfers and Credit Cards.
SIGN-UP FOR FREE
close-link

Save Time With PayRent

Automate invoices, payments, receipts, late charges
and credit reporting with PayRent
LEARN MORE
close-link

Find This Useful?
Share it!

Like and Follow Us on Your Favorite Social Platforms
close-link
0 Shares
Share
Share
Tweet