Evicting a tenant in Missouri requires adherence to specific legal procedures. Deviating from these steps can lead to significant delays, financial penalties, and even the dismissal of your case. This guide provides a direct, step-by-step breakdown of the Missouri eviction process, tailored for landlords managing 1-20 units.
Missouri’s posture on landlord-tenant law is generally landlord-friendly compared to some states. However, this does not mean the process is without strict rules. Landlords must still follow all statutory requirements, particularly concerning notices and court filings. The controlling statute for landlord-tenant relations in Missouri is RSMo § 441 (Landlord and Tenant). This chapter outlines everything from lease agreements to the specific procedures for unlawful detainer actions.
The primary regulators of the eviction process are the Missouri state courts. Each county circuit court handles eviction cases within its jurisdiction. There isn't a single, overarching state agency that directly oversees individual evictions. Instead, local courts interpret and enforce RSMo § 441. Understanding your local court's specific filing requirements and preferred practices is crucial, as minor procedural differences can exist between counties, even within the framework of state law.
For a landlord with 1-20 units, the practical bottom line is this: precision matters. Missouri does not have a statewide "just cause" eviction requirement. This means you can evict a tenant for lease violations or, in some cases, without cause (after the lease term expires), provided you follow the correct notice periods. This flexibility, however, is balanced by the strict formal requirements of the court process. Missed deadlines, improper service of notices, or errors in your court filings will derail your eviction.
A common landlord mistake in Missouri is attempting to evict a tenant without proper written notice. For non-payment of rent, Missouri requires a 5-day notice. This notice must clearly state the amount of rent due and that the tenancy will terminate if the rent is not paid within five days. For a no-cause eviction (typically at the end of a month-to-month tenancy or a fixed-term lease that is not being renewed), a 30-day notice is required. Don't assume verbal warnings suffice; do provide written notice, always. Keep proof of service for all notices.
Another frequent error involves "self-help" evictions. This means changing locks, removing a tenant's belongings, or shutting off utilities to force a tenant out. Don't do this. Self-help evictions are illegal in Missouri and can expose you to significant liability, including monetary damages to the tenant. Do pursue legal channels through the court system. This protects you from claims of wrongful eviction and ensures the process is handled lawfully.
Missouri law also addresses security deposits. The maximum security deposit a landlord can collect is 2.00 months' rent. For example, if rent is $1,000 per month, the maximum security deposit is $2,000. Landlords must return the security deposit, or provide an itemized list of deductions, within 30 days after the tenancy terminates and the tenant vacates. Failure to do so can result in the landlord being liable for twice the amount of the security deposit withheld.
As of recent legislative sessions, Missouri has seen discussions around various landlord-tenant issues, though major overhauls to the eviction process itself have not become law. One area of ongoing interest involves the creation of a statewide landlord-tenant registry or modifications to notice periods for specific situations. While none of these have fundamentally altered the core eviction process outlined in RSMo § 441, landlords should remain aware of legislative activity. Bills are routinely introduced that could impact aspects like retaliatory eviction defenses or the handling of abandoned property. Staying informed means subscribing to legislative updates or periodically checking the Missouri General Assembly website.
The total time an eviction takes in Missouri varies. From serving the initial notice to obtaining an order for possession (a judgment allowing you to remove the tenant), the process can take anywhere from 30 days to several months, especially if the tenant contests the eviction or if there are court backlogs. An uncontested eviction for non-payment might be resolved relatively quickly, potentially within 3-4 weeks of filing. A contested case, however, can easily extend beyond that. Legal fees for an eviction can range from a few hundred dollars for a simple case to several thousand if it becomes complex or requires multiple court appearances.
This introduction sets the stage for a detailed examination of each step in the Missouri eviction process. Understanding these foundational elements is critical for any landlord operating in the state. Proceed with caution, follow the law precisely, and consult with legal counsel if you encounter complex situations.
| Reason | Notice | Statute | Notes |
|---|---|---|---|
| Nonpayment of rent (rent-and-possession) | 0 days | RSMo § 535.010 | No statutory pre-suit notice required. Landlord may file the same day rent goes unpaid. Most landlords serve a courtesy notice but it is not required. |
| Material lease violation (unlawful detainer) | 10 days | RSMo § 441.060 | 10 days notice for material breach. Tenant may cure during the 10 days. If cured, the tenancy continues. |
| End of month-to-month tenancy | 30 days | RSMo § 441.060 | 30 days notice by either party. No statutewide just-cause requirement. |
No statutory pre-suit notice. RSMo Chapter 535. Filed in Associate Circuit Court. Filing fee $45-$90.
Sheriff or process server delivers. Hearing within 7-21 days of filing.
Bench trial. Same-day judgment in most cases. No notice exhibit needed for rent-and-possession cases.
Tenant may file motion to set aside or application for trial de novo within 10 days. Writ does not issue during this window even on uncontested cases.
After 10-day window expires, landlord requests writ. Sheriff executes within 5-14 days. KC and St. Louis run slightly longer due to volume.
This section provides Missouri-specific guidance for landlords initiating an eviction. Pay close attention to these details. Missouri's eviction process, governed primarily by RSMo § 441 (Landlord and Tenant), contains specific requirements and common pitfalls. Understanding these local nuances is crucial for a successful eviction and avoiding costly delays.
Missouri law dictates specific notice periods. For non-payment of rent, a 5-day notice is required. This means the tenant has five full days to pay the rent or vacate the premises. If the fifth day falls on a weekend or holiday, the period extends to the next business day. For no-cause evictions (typically month-to-month tenancies without a lease violation), a 30-day notice is mandatory. Missouri does NOT have statewide just-cause eviction requirements for most residential tenancies, meaning you generally do not need a specific "reason" to terminate a month-to-month tenancy beyond proper notice.
Don't just hand a tenant a notice. Do serve it correctly. Proper service of notice is a frequent point of failure. RSMo § 534.050 outlines acceptable service methods for an unlawful detainer action. While personal service is ideal, if the tenant is absent, you can post the notice on the door and mail a copy via first-class mail. Keep proof of mailing. A simple photograph of the notice on the door with a date stamp can also be helpful. Incorrect service can lead to dismissal of your case, requiring you to restart the entire process.
After the notice period expires, if the tenant has not complied, you can file an "Unlawful Detainer" action in Associate Circuit Court. This is not a "rent and possession" case, though they are often filed together. An unlawful detainer specifically seeks possession of the property. The filing fee for an unlawful detainer action in Missouri can vary by county but expect it to be around $100 to $150. This fee is subject to change. You will also incur service fees for the summons, typically another $30-$50 per tenant.
A common landlord mistake: attempting to evict based solely on a lease violation without clear documentation. For example, if a lease prohibits pets and a tenant has one, your notice must clearly state the violation and give the tenant a reasonable opportunity to cure it (if your lease allows for cure). If your lease specifies no cure for certain violations, state that. A vague notice or one that doesn't align with your lease terms will likely fail in court.
Missouri law caps security deposits at 2.00 months' rent. You must return the security deposit, or provide an itemized list of deductions, within 30 days of the tenant vacating the premises. Failure to do so can result in the landlord being liable for twice the amount of the security deposit withheld, plus court costs and attorney fees. This is a significant penalty. Document all damage thoroughly with photos or video before and after tenancy.
While RSMo § 441 provides the statewide framework, specific counties and municipalities may have additional ordinances or procedures that impact the eviction process. For example, in Kansas City, MO, there are additional requirements for landlords concerning property maintenance and registration. St. Louis City also has specific ordinances regarding landlord-tenant relations, including some related to occupancy permits and lead abatement. Always check with the specific municipal court or city clerk's office where your property is located for any local regulations that might affect your case. These local rules rarely contradict state law but can add procedural steps or specific notice content requirements.
As of recent legislative sessions (2024-2026), Missouri has seen discussions around landlord-tenant law, particularly concerning habitability standards and eviction diversion programs. While no sweeping changes to the core unlawful detainer process under RSMo § 441 have been enacted that fundamentally alter notice periods or filing procedures, landlords should monitor legislation regarding:
If you obtain a judgment for possession, the court will issue an "Order of Restitution." This order authorizes the sheriff to remove the tenant. Do not attempt to physically remove a tenant yourself, even after a judgment. This is illegal and can lead to severe legal consequences. The sheriff's department will schedule the "set out." You, or your agent, must be present during the set out to take possession of the property and remove any remaining tenant belongings. Landlords are generally required to store abandoned property for a specific period, often 10 days, and must follow specific procedures for its disposal or sale, as outlined in RSMo § 441.065.
Missouri courts generally move eviction cases quickly. Expect your first court date (docket call) within 2-4 weeks of filing. If the tenant contests the eviction, the process can take longer, potentially requiring a full trial. Be prepared with all documentation: lease agreement, notices, proof of service, payment ledgers, and any communication with the tenant. Organization is key.
25 to 45 days uncontested from filing to sheriff lockout. The 10-day post-judgment window is mandatory and adds time even to uncontested cases. Jackson (Kansas City) and St. Louis County run on the longer end; rural counties faster. The lack of pre-suit notice means Missouri landlords typically file the day rent is past due, so the total notice-to-lockout window from a tenant's perspective is the same as a 30-day-notice state.
For rent-and-possession actions under RSMo Chapter 535, correct. No statutory pre-suit notice required. The landlord may file the same day rent goes unpaid. For unlawful detainer actions under Chapter 534 (used for grounds other than nonpayment), pre-suit notice is required depending on the specific ground. Most Missouri landlords use Chapter 535 for nonpayment precisely because it skips the notice requirement; this is one of the most landlord-favorable procedural frameworks in the country at the front end.
Under RSMo Chapter 535, the tenant has 10 days after judgment to either: (a) file a motion to set aside the judgment, or (b) file an application for trial de novo in the Circuit Court. The writ of possession does not issue during this 10-day window, even on uncontested cases. The window is mandatory; the landlord cannot accelerate. This is the slow part of Missouri procedure: cases that look like they could close in 21 days actually take 31+ because of the 10-day wait.
A city ordinance (effective 2022) that added local tenant protections in Kansas City: mandatory landlord registration, late-fee caps, disclosure requirements at lease signing, and right-to-organize protections. The ordinance does not preempt the state framework but adds procedural requirements landlords must follow within Kansas City limits. Landlords who file rent-and-possession actions without complying with the registration requirement face dismissal at the hearing.
No. Self-help eviction is prohibited under Missouri common law (most prominently Belkin v. Belkin, Mo. 1965) and RSMo § 441.233 (utility shutoff). Damages include possession restoration, actual damages, attorney fees, and (in egregious cases) punitive damages. Jackson and St. Louis County Associate Circuit Courts routinely award damages exceeding $3,000 in well-documented cases. The sheriff must execute the writ of possession; the landlord may not.
County resources.
Informational only, not legal advice. Consult a licensed Missouri attorney. Source attribution in the Sources band below.
