Missouri landlords facing challenging tenant situations need a deep understanding of the Missouri eviction process and laws before moving forward. This guide explains valid eviction reasons, timelines, and essential Missouri landlord-tenant laws to help landlords handle the process confidently.
How Missouri Law Defines Eviction
An eviction in Missouri occurs when a landlord files a court case to remove a tenant who refuses to pay rent, breaks the lease, stays after their tenancy ends, or breaks the lease in another evictable way. Landlords must follow Missouri’s exact legal steps to ensure the case holds up in court.
Landlords can review Missouri’s eviction rules in Missouri Revised Statutes Chapters 534 and 535, which outline how to issue notices, file lawsuits, and regain possession of a rental property through the courts.
Eviction With Just Cause
“Just cause” in Missouri means a landlord has a clear legal reason to evict a tenant, such as unpaid rent, serious lease violations, or criminal activity on the property.
Landlords in Missouri can evict tenants for just cause when renters stop paying rent, damage the property, overstay their lease, or use the unit for illegal activity. Each reason must meet Missouri’s eviction laws to hold up in court.
Missouri landlords should always document every just cause reason. Keep dated notices, written messages, and photos of violations to build a strong record in case the eviction goes before a judge.
Applicable law: Mo. Rev. Stat. § 534, Mo. Rev. Stat. § 535
No-Fault Evictions
Missouri landlords can end a fixed-term lease without cause upon expiration. They have no obligation to renew or extend the agreement, provided they avoid retaliation or discrimination prohibited under state law.
Landlords ending a month-to-month tenancy must give tenants at least 30 days’ written notice before the next rent due date. This notice period allows tenants to prepare for move-out while giving landlords a clear path to reclaim the property.
Applicable law: Mo. Rev. Stat. § 441.060, Mo. Rev. Stat. § 441.070
Grounds for Eviction in Missouri
Missouri landlords can remove tenants from a rental property for several lawful reasons, including:
Non-Payment of Rent
In Missouri, tenants must pay rent on the exact date listed in their lease, as state law provides no mandatory grace period. When tenants miss that deadline, landlords can serve a Demand for Rent notice, giving them 5 days to pay or move out. Landlords often use this notice as the first legal step to start an eviction case.
Applicable law: Mo. Rev. Stat. § 535.010
Lease Violations
A lease agreement outlines the rules that govern the landlord-tenant relationship. When tenants break those rules, Missouri landlords can start the eviction process based on a valid lease violation.
A few examples of lease violations include:
- Throwing loud weekend parties in a quiet Springfield neighborhood that violate noise restrictions
- Bringing a dog into a no-pet apartment complex in downtown Kansas City without written permission
- Subletting a Columbia apartment on social media without the landlord’s approval
Lease agreements protect both parties, so landlords should ensure tenants understand every term before signing.
Applicable law: Mo. Rev. Stat. § 441.020
Illegal Use of the Premises
Missouri landlords can evict tenants who commit crimes on or near the rental property. Whether a tenant runs an illegal gambling operation in a duplex, sells drugs from their apartment, or spray-paints their rental property, landlords have the legal right to start the eviction process. Acting quickly protects the property and keeps other tenants and neighbors safe.
Applicable law: Mo. Rev. Stat. § 441.740
Tenant Actions that Threaten Health or Safety
Missouri landlords can evict tenants who create health or safety hazards on the property. When tenants damage critical systems or cause dangerous conditions, landlords have the right to act quickly to protect their investment and other residents.
Common examples of health and safety violations in Missouri include:
- Leaving piles of trash and spoiled food in a rental that attracts pests
- Tampering with electrical wiring or starting fires in a townhoem
- Hosting violent or reckless guests who endanger neighbors
Landlords should document every issue with photos, inspection notes, and written statements before filing for eviction. Learn more about tenant duties and property standards under Missouri’s warranty of habitability laws.
Applicable law: Mo. Rev. Stat. § 441.740, Mo. Rev. Stat. § 441.770
Destruction or Neglect of the Rental Unit
Missouri landlords can evict tenants who cause severe damage to a rental unit or neglect the property in violation of their lease. State law allows landlords to recover losses when tenants break fixtures, damage plumbing, or destroy parts of the unit through carelessness or misuse.
To prove property damage, landlords should collect dated photos, inspection notes, repair invoices, and written statements from contractors or neighbors. Detailed records show that the tenant caused the harm and give landlords the evidence needed to win in court.
Applicable law: Mo. Rev. Stat. § 441.740, Mo. Rev. Stat. § 535.020
Tenant is in a Month-to-Month Rental Contract
Missouri landlords can end a month-to-month rental agreement at any time without giving a reason. They must deliver a 30-day written Notice to Terminate Tenancy before the next rent due date. If the tenant refuses to move out once the notice expires, the landlord can file an eviction case in court to regain possession.
Applicable law: Mo. Rev. Stat. § 441.060
Step-by-Step Eviction Process in Missouri
Missouri landlords must follow a seven-step eviction process to legally remove a tenant from a rental property. Each step requires proper notice, court filings, and strict adherence to state law to ensure the eviction holds up in court.
Here are the steps landlords must take, in order:
1. Deliver Notice to the Tenant
Missouri landlords must first determine the reason for eviction and serve the correct written notice. The notice type depends on the tenant’s behavior, whether they missed rent, violated the lease, or stayed after the lease expired. If the problem is fixable, landlords must give tenants time to correct it before taking the next step.
For severe cases like property damage, illegal drug use, or violent conduct, landlords can issue an Unconditional Notice to Quit requiring the tenant to leave immediately. Missouri law allows landlords to deliver notices in person or post them at the rental unit if they cannot reach the tenant.
Notice Forms & Timelines
- 5-Day Notice to Pay Rent or Quit: Used when tenants fail to pay rent. They have 5 days to pay in full or move out.
- 10-Day Notice to Cure or Quit: Used for lease violations such as unauthorized pets, subletting, or property damage. Tenants have 10 days to correct the issue or vacate.
- Unconditional Notice to Quit: Used for illegal activity, violent acts, or significant property destruction. Tenants must vacate immediately.
- 30-Day Notice to Terminate Tenancy: Used to end a month-to-month tenancy for any lawful reason.
Applicable law: Mo. Rev. Stat. § 535.010, Mo. Rev. Stat. § 441.060
2. File an Eviction Lawsuit Against the Tenant
When the notice period ends or the tenant fails to cure a curable violation, the landlord can file a Petition for Rent and Possession or an Unlawful Detainer case in the circuit court of the county where the property is located. The correct filing depends on whether the eviction involves unpaid rent, a breach of the lease, or a tenant who refuses to leave after the lease expires.
The landlord will pay a filing fee between $40 and $100, depending on the county. After filing, the court clerk will assign a hearing date and issue a summons for the tenant.
Applicable law: Mo. Rev. Stat. § 534.030, Mo. Rev. Stat. § 535.020
3. Serve Court Summons Paperwork to the Tenant
After the Missouri court clerk schedules a hearing, the landlord will arrange for the county sheriff, deputy, or a court-approved private process server to hand-deliver the summons and petition to the tenant. The process server will need to complete a Return of Service form showing how and when the papers were delivered, then file it with the court before the hearing. This step confirms that the tenant officially received notice of the case.
Once the tenant gets the summons, they will not need to file a written answer but must appear in court on the assigned date. If either party skips the hearing, the judge may rule in favor of the other side by default.
Applicable law: Mo. Rev. Stat. § 534.050, Mo. Sup. Ct. R. 54.13
4. Attend the Eviction Hearing
When the court date arrives, the landlord and tenant, or their attorneys, will appear before a Missouri judge for the eviction hearing. Each side will explain its case, share evidence, and call witnesses if needed. The landlord will present proof of unpaid rent, lease violations, or other valid grounds for eviction, while the tenant will have a chance to respond and defend their position.
The judge will then review all submitted evidence, including the lease agreement, rent receipts, inspection reports, photos, and witness statements. After considering the details, the judge will weigh both sides carefully.
Applicable law: Mo. Rev. Stat. § 534.090, Mo. Rev. Stat. § 535.110
5. Court Reaches a Ruling
The Missouri judge will then decide the case based on state law and the facts presented. Most rulings occur on the same day as the hearing or within a few days, depending on the court’s schedule and location.
If the judge rules in favor of the tenant, the tenant will remain in the property under the existing lease. If the judge rules in favor of the landlord, the court will issue a Judgment for Possession, giving the landlord legal authority to reclaim the unit. Tenants who disagree with the decision will have 10 days to file an appeal, which will temporarily delay enforcement until the higher court reviews the case.
Applicable law: Mo. Rev. Stat. § 535.110, Mo. Sup. Ct. R. 81.04
6. Judge Issues a Writ of Restitution
With a Judgment for Possession in hand, the landlord can then request a Writ of Restitution from the courts, which authorizes the county sheriff to remove the tenant from the rental unit if the tenant does not leave voluntarily. In most Missouri cases, the tenant has 10 days after the judgment to move out before law enforcement can enforce the writ.
If the tenant remains past those 10 days, the sheriff will carry out the eviction by removing the tenant and their belongings from the property. Importantly, the landlord cannot remove the tenant personally or change the locks until law enforcement completes the process. Once the sheriff enforces the writ, the landlord will regain full possession of the property.
Applicable law: Mo. Rev. Stat. § 534.350, Mo. Rev. Stat. § 534.355
7. Law Enforcement Executes the Writ of Restitution
If the 10-day deadline passes and the tenant still refuses to move out, the county sheriff will enforce the Writ of Restitution. Only the sheriff or a deputy in Missouri can physically remove the tenant from the property. The sheriff will schedule a date to complete the eviction and return full possession to the landlord.
Missouri law does not set statewide rules for handling items tenants leave behind. Once the sheriff returns possession, landlords can decide whether to store, dispose of, or donate any remaining belongings.
Applicable law: Mo. Rev. Stat. § 534.350, Mo. Rev. Stat. § 534.355
Timelines to Expect
In Missouri, an eviction can be completed in 1 to 3 months but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.
Below are the parts of the Missouri eviction process outside the control of landlords for cases that go uncontested.
| Step | Estimated Time |
|---|---|
| Initial Notice Period | 10-60 Calendar Days |
| Court Issuing/Serving Summons | 4 Business Days |
| Court Ruling | 15-21 Business Days |
| Court Issuing Writ of Possession | 10 Business Days |
| Court Serving Writ of Possession | 2 Business Days |
| Final Notice Period | 1-5 Business Days |
Flowchart of the Missouri Eviction Process
Typical Court Fees
The total cost of an eviction in Missouri for all filing, court, and service fees is $133. However, the cost varies heavily based on the county where the dwelling unit is located. Eviction lawsuits are filed in Circuit Court.
| Fee | Circuit |
| Initial Court Filing | $33.50+ |
| Summons Service | ~$50 |
| Writ of Restitution Service | ~$50 |
| Notice of Appeal Filing (Optional) | $70 |
Handle the Missouri Eviction Process Wisely
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