Grab a Missouri eviction notice template and read further to learn about what happens AFTER a notice is posted, how long the eviction process takes and other aspects of Missouri eviction law.
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Types of Eviction Notices
For the state of Missouri, a tenant can be evicted from a property for a few distinct reasons. For example, when a tenant is late for rent, a landlord isn’t required by the state of Missouri to actually send a Notice to Quit, but the landlord must send this tenant a written demand. For tenants that fall short of the rules of the lease, a 10-Day Notice to Quit (Non-Compliance) is required. This is servable to tenants that violate the lease in ways such as having pets in non-pet-friendly units or smoking outside of designated smoking areas. Additionally, as per Missouri law, when a landlord or tenant is seeking to end a month-to-month rental, he or she will have to serve the opposing party with a 30-Day Notice to Quit (Month-to-Month). The only way to provide less notice is if this is provided for by the lease.
What Happens After a Notice is Posted
It’s important to note that while there is no official notice form for late rent payments, a rent and possession lawsuit will serve as a written demand based on Missouri statute § § 535.020 and 535.060. This lawsuit can only happen when rent is at least a month late. For other violations of the lease or when ending an at-will tenancy, the landlord must wait for the tenant to respond to the notices.
If there is a failure to respond, and the situation is not remedied, then a Petition for Rent and Possession in the circuit court can be served by a process server or court representative to the tenant. If the landlord is seeking to remove the tenant, then he or she can file an unlawful detainer action with the courts. Should the tenant be deemed at fault, then the court will judge that the tenant will have to quit the premises. The tenant will then have 10 days to appeal the decision. After this period has expired, the landlord can apply for Writ of Possession, which can be aided by the sheriff’s office.
When is Rent Due?
Rent is payable and due on the date established in the lease. Written demand is required for a landlord to pursue a lawsuit.
How Long Does the Eviction Process Take?
In Missouri, it can take more than a month to evict a tenant due to the fact that lawsuits can begin after the rent is late for a full month and that the tenant is provided an opportunity to appeal an eviction for 10 days after a judgment in favor of the landlord has been reached. Additionally, Writ of Possession forms vary from county to county, and the period for these forms can also vary.