QUICK INFO
Timeline. Evicting a tenant in Missouri can take around one to three months, depending on the reason for the eviction. If tenants request new trial, file an appeal, or ask to set aside the judgment, the process can take longer (read more).
Introduction. Evictions are a court ordered removal of a tenant. A landlord in Missouri must have legal reasoning to evict a tenant from the rental property. Below are the individual steps of the eviction process in Missouri.
Step 1: Notice is Posted
Landlords in Missouri can begin the eviction process for several reasons, including:
- Nonpayment of Rent – Written notice is not required if landlords want to evict tenants for nonpayment of rent.
- Violation of Lease Terms / Rental Agreement – If a tenant violates a provision of a written lease/rental agreement, the landlord is not required to give the tenant the opportunity to correct the issue before moving forward with the eviction process.
- No Lease / End of Lease Term (Tenant at Will) – If there is no lease or the term of the lease has ended, the landlord does not need any additional reason to end the tenancy as long as proper notice is given.
- Illegal Activity – If a tenant or any other occupant of the rental unit is engaged in illegal activity, notice may or may not be required, depending on the type of activity.
- Evicting a Squatter. If the individual occupying the property did not have the permission of the landlord when initially moving in, does not have a lease (or verbal agreement) and has no history of paying rent, then a landlord/tenant relationship may not be established. As a result, the normal eviction process may not be applicable (read more).
Each possible ground for eviction has its own rules for how the process starts.
Eviction Process for Nonpayment of Rent
A landlord is allowed to evict a tenant for failing to pay rent on time.
According to Missouri law, rent is considered late the day after it’s due; grace periods (if any) are addressed in the lease or rental agreement.
Landlords may not file an eviction action with the court unless the tenant is at least one month behind on their rent payment.
Written notice is not required in order for the landlord to pursue an eviction action for nonpayment of rent.
Landlords may proceed directly to Step 2 below without giving tenants prior written notice.
Eviction Process for Violation of Lease Terms / Rental Agreement
Missouri landlords are not required to allow tenants to correct a lease violation in these instances, but they must provide tenants with a 10-Day Notice to Quit, giving the tenant 10 days to move out of the rental unit in order to avoid eviction.
Typical lease violations under this category could include things like damaging the rental property, having too many people residing in the rental unit, and having a pet when there’s a no-pet policy.
Note that illegal activity is not included in this category.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Eviction Process for No Lease / End of Lease
In the state of Missouri, if tenants “holdover,” or stay in the rental unit after the rental term has expired, then the landlord may be required to give tenants notice before evicting them. This can include tenants without a written lease and week-to-week and month-to-month tenants.
These types of eviction cases, along with violation of lease evictions, are called unlawful detainer cases in Missouri.
For all tenancies less than one year, 30 days’ written notice is required.
For year-to-year tenancies, 60 days’ written notice is required.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Eviction Process for Illegal Activity
Tenants of a rental unit who are involved in illegal activity must be given 10 days’ notice before the landlord can proceed with an eviction action, if the illegal activity falls under one of the following categories:
- Illegal gaming.
- Prostitution.
- Illegal possession, sale, or distribution of a controlled substance.
No notice is required if tenants are involved in the following emergency situations:
- Physical injury to other tenants or landlord.
- Property damage in an amount exceeding 12 months’ rent.
- Drug-related criminal activity.
In cases where someone other than the tenant was involved in drug-related criminal activity and the tenant had no prior knowledge, promotion or assistance in the illegal activity that caused excessive property damage, or physically harmed someone else on the rental property, the tenant must be given five days’ written notice.
If the tenant remains on the property after the notice period (if any) expires, the landlord may proceed with the eviction process.
Step 2: Complaint is Filed and Served
As the next step in the eviction process, Missouri landlords must file a complaint in the appropriate court. Filing fees may vary, for example, in Clay County, this costs $36.50 in filing fees for nonpayment of rent of evictions.
The summons and complaint must be served on the tenant by the sheriff or other specially appointed process server at least four days prior to the hearing.
The summons and complaint may be served through one of the following methods:
- Giving a copy to the tenant in person;
- Leaving a copy with a family member over the age of 15;
- Posting a copy in a conspicuous place at the rental unit;
- Mailing a copy to the tenant’s last known address;
The landlord must make a request to have the summons and complaint posted or mailed, and personal service must also be attempted.
Step 3: Court Hearing and Judgment
In Missouri, the type of eviction determines when the court hearing will be held.
For unlawful detainer and nonpayment of rent evictions, the hearing will be held within 21 business days of the date the summons is issued by the court.
For evictions due to illegal activity, the hearing will be held within 15 days of the date the summons is issued by the court, unless the landlord consents (in writing) for a later court date.
Regardless of the reason for eviction, if the tenant fails to appear for the hearing, the judicial officer may issue a default judgment in favor of the landlord, meaning the tenant will have to move out.
If the judge rules in favor of the landlord, either through a default judgment or at the eviction hearing, tenants have the right to request a new trial or ask the court to set aside the judgment within 10 days of the date the judgment is issued in favor of the landlord.
A writ of possession will be issued once the court rules in favor of the landlord.
Step 4: Writ of Possession Is Issued
The writ of possession is the tenant’s final notice to leave the rental unit and gives them the opportunity to remove their belongings before law enforcement officials return to the property to forcibly remove the tenant.
For all eviction types, the writ of possession may not be issued until 10 days after the judgment in favor of the landlord. This gives the tenant time to ask for a new trial, for the judgment to be set aside, or to file an appeal.
If the tenant has not moved out by the time the writ is issued, they may be forcibly removed from the rental unit by law enforcement officers.
Step 5: Possession of Property is Returned
For unlawful detainer evictions, the writ must be delivered to law enforcement officials within two business days of the date the judgment was issued in favor the landlord.
For all evictions other than illegal activity, the court can order that tenants be removed from the rental unit within 15 days of the date that the judgment was issued in the landlord’s favor.
This means that, after the 10 days it would take to issue the writ, tenants may only have three to five days to move out of the rental unit once the writ has been issued by the court, depending on how quickly it’s delivered to law enforcement.
Tenants who are being evicted due to illegal activity will only have 24 hours to move out of the rental unit before law enforcement returns to forcibly remove them.
Missouri Eviction Process Timeline
Below is a summary of the aspects outside of the landlord’s control that dictate the amount of time it takes to evict a tenant in Missouri. Therefore, these estimates can vary greatly, and some time periods may not include weekends or legal holidays.
- Initial Notice Period – Between 5 and 60 days, depending on the notice type and reason for eviction.
- Issuance/Service of Summons and Complaint – Four days prior to the hearing.
- Court Hearing and Ruling on the Eviction – 15-21 days, more if tenants ask to set aside the judgment/request a new trial or file an appeal.
- Issuance of Writ of Possession – 10 days after the ruling is issued in favor of the landlord.
- Return of Possession – 24 hours to 5 days, depending on the eviction type.
Mobile Home Evictions. Tenant’s living on a mobile home lot who have a lease for less than one year may be terminated by the landlord by giving a written 60-Day Notice to the tenant.
Abandoned Property. If a tenant abandons the premises and leaves behind personal property, a landlord may remove or dispose of the property. The rental property is considered as abandoned by the tenant if rent is due and has been unpaid for 30 days and the landlord posts written notice on the premises and mails a copy of the notice to the last known address of the tenant by first-class and certified mail.
Tenant’s Eviction Defenses. A tenant may have a defense to fight the eviction lawsuit. Here are some examples of eviction defenses:
- The landlord removes a tenant without receiving a court order.
- The landlord changes locks or shuts off utilities without receiving a court order.
- The landlord did not follow the rules of the court for a valid eviction suit.
- The landlord did not maintain the rental property and is not up to housing and building codes.
- The landlord illegally discriminates against the tenant based on religion, race, gender, family status, disability, etc.
Flowchart of Missouri Eviction Process
For additional questions about the eviction process in Missouri, please refer to the official legislation, Missouri Revised Statutes §441, §534, §535, and §506, for more information.
Sources
- 1 MO Rev Stat §535.120 (2020)
-
Whenever one month’s rent or more is in arrear from a tenant, the landlord, if he has a subsisting right by law to reenter for the nonpayment of such rent, may bring an action to recover the possession of the demised premises.
- 2 MO Rev Stat §535.020 (2020)
-
Whenever any rent has become due and payable, and payment has been demanded by the landlord…and payment thereof has not been made… Giving the notice provided in section 441.060 is not required prior to filing a statement or obtaining the relief provided in this chapter. In such case, the clerk of the court shall immediately issue a summons directed to such tenant…
- 3 MO Rev Stat §441.040 (2020)
-
If any tenant violates the provisions of section 441.020 or 441.030, the landlord, or person holding under the landlord, after giving ten days’ notice to vacate the premises, shall have a right to reenter the premises and take possession of the premises…by the procedure specified by law…
- 4 MO Rev Stat §441.060 (2020)
-
1. A tenancy at will or by sufferance, or for less than one year, may be terminated by the person entitled to the possession by giving one month’s notice, in writing, to the person in possession, requiring the person in possession to vacate the premises.
- 5 MO Rev Stat §441.050 (2020)
-
Either party may terminate a tenancy from year to year by giving notice, in writing, of his intention to terminate the same, not less than sixty days next before the end of the year.
- 6 MO Rev Stat §441.020 (2020)
-
Whenever any lessee…permits any prohibited gaming table, bank or device to be set up or be kept or used upon the premises, for the purpose of gaming, or keeping in the same a bawdyhouse, brothel or common gaming house, or allowing the illegal possession, sale or distribution of controlled substances upon the premises, the lease or agreement for letting such house or building shall become void…
- 7 MO Rev Stat §441.770 (2020)
-
Notwithstanding any other provision of law concerning the procedures otherwise used in eviction proceedings, it shall not be necessary, except as provided in section 441.750, to provide notice to the tenant to vacate the premises prior to filing a cause of action pursuant to sections 441.710 to 441.880.
- 8 MO Rev Stat §441.740 (2020)
-
1. The court shall…order the immediate eviction of a tenant …if it finds any of the following: (1) An emergency situation where dispossession of the tenant by other, less expeditious legal means would…cause …(a) Physical injury to other tenants or the lessor; or (b) Physical damage to lessor’s property and the reasonable cost to repair such damage exceeds an amount equal to twelve months of rent…
- 9 MO Rev Stat §441.740 (2020)
-
(2) Drug-related criminal activity has occurred on or within the property leased to the tenant; (3) The property leased to the tenant was used in any way to further, promote, aid or assist in drug-related criminal activity; (4) The tenant, a member of the tenant’s household or a guest has engaged in drug-related criminal activity either within, on or in the immediate vicinity of the leased property…
- 10 MO Rev Stat §441.750 (2020)
-
2. Actions filed…against a tenant, where the criminal activity…is alleged to have been conducted by a person other than a tenant, may be filed following at least five days’ written notice to the tenant…
- 11 MO Rev Stat §506.120 (2020)
-
Upon the filing of the petition, the clerk shall forthwith issue the required summons or other process, and…deliver it for service to the sheriff or to a person specially appointed to serve it. Upon request of the plaintiff, separate or additional summons shall issue against any defendants, including alias and pluries summons.
- 12 MO Rev Stat §535.030 (2020)
-
1. Such summons shall be served as in other civil cases at least four days before the court date in the summons. The summons shall include a court date which shall not be more than twenty-one business days from the date the summons is issued unless at the time of filing the affidavit the plaintiff or plaintiff’s attorney consents in writing to a later date.
- 13 MO Rev Stat §506.150 (2020)
-
(1) …by delivering a copy of the summons and of the petition to him personally or by leaving a copy…at his dwelling house or usual place of abode with some person of his family over the age of fifteen years, or by delivering a copy…to an agent authorized by appointment or required by law to receive service of process…
- 14 MO Rev Stat §535.030 (2020)
-
2. In addition to attempted personal service, the plaintiff may request…securely affixing a copy of such summons and the complaint in a conspicuous place on the dwelling of the premises in question at least ten days before the court date…and by also mailing a copy…to the…defendant’s last known address by ordinary mail at least ten days before the court date.
- 15 MO Rev Stat §534.070 (2020)
-
2. A court date shall be assigned at the time the summons is issued. The court date shall be for a day certain which is not more than twenty-one business days from the date the summons is issued unless, at the time the case is filed, the plaintiff or plaintiff’s attorney consents in writing to a later date.
- 16 MO Rev Stat §441.720 (2020)
-
The provisions of sections 535.030 and 535.110 shall apply to actions brought pursuant to sections 441.710 to 441.880.The court shall set for hearing a cause of action brought pursuant to sections 441.710 to 441.880 as soon as practicable but in no event shall such hearing be held later than fifteen days following the service of the summons.
- 17 MO Rev Stat §535.030 (2020)
-
4. The defendant has ten days from the date of the judgment to file a motion to set aside the judgment or to file an application for a trial de novo and unless the judgment is set aside or an application for a trial de novo is filed within ten days, the judgment for possession will become final…
- 18 MO Rev Stat §534.350 (2020)
-
The judge rendering judgment in any such cause may issue execution at any time after judgment, but such execution shall not be levied until after the expiration of the time allowed for the taking of an appeal, except execution for the purpose of restoring possession shall be issued no sooner than ten days after the judgment.
- 19 MO Rev Stat §534.330 (2020)
-
2. The court, upon issuing judgment in favor of the plaintiff pursuant to subsection 1 of this section, shall, within two business days following the date the judgment becomes final, transmit a copy of such judgment to the law enforcement agency with jurisdiction to enforce such judgment.
- 20 MO Rev Stat §534.355 (2020)
-
In an action pursuant to chapter 441, chapter 524, chapter 535, or this chapter, the court in entering a judgment for possession of the premises, at the request of the prevailing party, may order the sheriff or appropriate officer to deliver possession of the premises to the prevailing party within fifteen days of the date the judgment becomes final. Said order may be withdrawn at the request of the prevailing party.
- 21 MO Rev Stat §441.770 (2020)
-
1. If the grounds for an eviction have been established pursuant to subsection 1 of section 441.740, the court shall order that the tenant be evicted from the leased property. Following the order, the tenant shall have twenty-four hours to vacate the premises and the landlord shall subsequently have a right to reenter and take possession of the premises.