Show-Me State landlords seeking to remove tenants from their rentals must know how to navigate the eviction process and understand the Missouri landlord-tenant laws that govern it. To get you up to speed, this guide will cover the state’s legitimate grounds for eviction, step-by-step eviction process, typical timelines and costs, and practical advice that can help tilt the scales in your favor in court.
What is an eviction in the state of Missouri?
In Missouri, an eviction is the legal process by which a landlord can remove a tenant from rental property for non-payment of rent, lease violations, illegal activity, or staying beyond the lease term. For a successful and legal eviction, landlords must carefully follow a sequence of notices, filings, hearings, and court orders.
You can find Missouri eviction laws, also known as the Missouri Landlord-Tenant Act, within Chapters 441 and 535 of the Missouri Revised Statutes.
Common Reasons for Eviction in Missouri
Missouri law gives landlords the authority to evict tenants from a rental property under certain circumstances, including:
Failure to Pay Rent
In Missouri, a landlord can consider rent late immediately after its due date; the state does not require a grace period for rent payments. For unpaid rent, the landlord should serve the tenant with a Demand for Rent or Possession Notice, which gives the tenant a specified deadline to pay the amount owed or vacate the property.
Applicable law: M.R.S. § 535.010, M.R.S. § 535.020
Breach of the Lease Agreement
When a landlord and tenant sign a contract, both commit to the terms outlined in the Missouri lease agreement. If a tenant violates those terms, the landlord may initiate eviction proceedings under state law.
Some examples of lease breaches include:
- Operating a short-term rental business in a unit that clearly prohibits subleasing.
- Parking 13 vehicles on the property when the lease only allows up to four.
- Running a barbershop out of the rental’s kitchen when the lease prohibits the tenant from operating businesses within the rental.
Missouri law treats many lease violations as curable, so the landlord should serve a 10-Day Notice to Cure or Quit, which gives the tenant a chance to correct their violation. Landlords can consider more serious issues incurable. In such cases, the landlord can serve the tenant with a 10-Day Notice to Quit to initiate immediate eviction.
Applicable law: M.R.S. § 441.020, M.R.S. § 441.040
Illegal Activity on the Premises
When a tenant commits a crime in or around the rental unit that threatens safety or violates the lease, the landlord can pursue eviction. Missouri treats most forms of illegal activity as incurable, although a landlord may treat a minor issue as curable and issue a 10-Day Notice to Cure or Quit. Ultimately, it’s up to the landlord to decide which notice makes sense for the situation.
Consider this: If a tenant manufactures drugs in the rental’s basement, the landlord can treat the issue as incurable and move toward immediate eviction. But if a tenant receives a ticket for shooting illegal fireworks from the driveway, the landlord may issue a warning and ask them to avoid further violations.
Applicable law: M.R.S. § 441.740, M.R.S. § 535.010
Damage to the Rental Property
Missouri law requires tenants to use reasonable care to avoid damaging a rental property. Landlords who catch tenants causing damage beyond normal wear and tear can treat their behavior as a lease violation under state law.
When tenants cause damage to a rental property, landlords should take clear photos, obtain written repair estimates, and document every detail thoroughly. Ultimately, the landlord will decide whether the damage is severe enough to consider the issue curable or incurable, and issue the appropriate notice to the tenant.
Applicable law: M.R.S. § 441.010, M.R.S. § 441.030
Health & Safety Violations
Missouri law requires landlords to keep rental homes safe, sanitary, and fit for human habitation. Tenants must help maintain those conditions. When a tenant instigates unhealthy or unsafe conditions, the landlord can treat the conduct as a lease violation and pursue eviction.
A few examples of health and safety violations include:
- A holdover tenant disables his smoke detectors.
- A tenant stores open fuel containers near a furnace, creating a significant fire risk.
- A renter allows full trash bags to pile up, attracting pests.
In Missouri, landlords must uphold their obligations under the implied warranty of habitability, and tenants must maintain their rental units to keep them safe and livable.
Applicable law: M.R.S. § 441.233, M.R.S. § 441.234
Tenant is in a Month-to-Month Rental Contract
Landlords do not need a specific reason to end a Missouri month-to-month lease agreement. In such cases, the landlord simply must give the tenant at least 1 month’s written notice that ends on the typical rent payment date. If the tenant refuses to leave after the deadline, the landlord can then file a Forcible Entry and Detainer (eviction) action against the tenant.
Mobile home arrangements on leased land follow a separate rule requiring written notice to terminate the tenancy at least 60 days before the next rent due date.
Applicable law: M.R.S. § 441.060
The Complete Eviction Process in Missouri
Here are the steps Missouri landlords follow to pursue eviction, laid out in order:
1. Landlord Issues Notice to the Tenant
When a tenant violates the lease, the landlord can issue a notice that suits the situation. In some cases (like minor property damage or occasional noise issues), the landlord may give the tenant a chance to fix the problem by serving a 10-Day Notice to Cure or Quit.
More serious issues allow the landlord to move forward without offering the tenant a window to cure. In these situations, the landlord can issue a 10-Day Notice to Quit that demands the tenant to move out by the stated deadline. Missouri law typically determines the appropriate notice for each circumstance, so landlords should review the law before selecting a notice form.
Notice Forms & Timelines
- Demand for Rent or Possession: Landlords use this notice when a tenant fails to pay rent on the due date. The notice demands full payment or surrender of the property.
- 10-Day Notice to Cure or Quit: Landlords issue this notice when a tenant commits a curable lease violation. The tenant gets 10 days to correct the issue or vacate the rental.
- 10-Day Notice to Quit (Incurable): Landlords serve this notice when a tenant commits a serious or incurable violation. The notice requires the tenant to vacate within 10 days, with no option to remedy the issue.
- 1 Month Notice to Terminate Month-to-Month Tenancy: Landlords (or tenants) can use this notice to end a month-to-month rental agreement for any lawful reason. Either party must provide at least 1 month’s notice ending on a rent-paying date.
Applicable law: M.R.S. § 441.040, M.R.S. § 441.060, M.R.S. § 535.010
2. Landlord Files an Eviction Lawsuit With the Courts
When a tenant in Missouri refuses to correct a violation or remains in the rental unit after the move-out deadline, the landlord may file a Petition for Unlawful Detainer with the circuit court in the county where the property is located. This filing officially kickstarts the eviction case in court.
Filing fees vary by county but typically range from $40 to $100. After the landlord turns in the petition, the court clerk will set a hearing date and issue a summons. Most hearings occur within 2 to 4 weeks of filing.
3. Court Summons Paperwork Served to Tenant
Once the clerk sets a court date for eviction, the landlord can arrange for a sheriff, sheriff’s deputy, or court-appointed process server to deliver the Petition for Unlawful Detainer and Court Summons to the tenant. The process server or landlord must then complete a Return of Service form and file it with the circuit court clerk before the hearing. If the court does not receive proof of service, the judge will dismiss the case, and the landlord will need to restart the process.
If the tenant fails to appear, the landlord can request a default judgment, and the court can grant them possession without further notice.
Applicable law: M.R.S. § 535.020, M.R.S. § 534.070
4. Tenant and Landlord Attend an Eviction Hearing
On the hearing date, the landlord and tenant, or their attorneys, will appear before the judge. Each side will have a chance to present its case by referencing documents such as the lease, payment records, photos, and any witness testimony that helps explain what happened.
The judge may request additional documentation, further evidence, or witness statements to address any unanswered questions. After both sides have finished presenting, the judge will review all the information and begin deliberating.
Applicable law: M.R.S. § 534.090, M.R.S. § 535.040
5. Judge Reaches a Ruling
After the judge reviews all the evidence and listens to both parties, the court will issue a ruling. Most Missouri judges will return a verdict on the same day, though they’ll sometimes need extra time to review documents or gather necessary information before deciding.
If the judge rules in favor of the tenant, they’ll be allowed to stay in the rental unit under the existing lease’s terms. If the judge rules in favor of the landlord, the court will issue a Judgment for Recovery of Demised Premises, which gives the landlord the legal right to repossess the property.
Applicable law: M.R.S. § 535.150, M.R.S. § 535.160
6. Landlord Obtains a Writ of Restitution Authorizing Removal of Tenant
Once the judge issues a Judgment for Recovery of Demised Premises, the landlord may request a Writ of Restitution from the court, authorizing law enforcement to remove the tenant if the tenant does not vacate voluntarily. It gives the tenant one final deadline before officers take matters into their own hands.
After the landlord receives the Writ of Restitution, they can contact the sheriff or another authorized law enforcement officer to schedule the eviction. Law enforcement will then post the writ at the property and remove the tenant if the tenant fails to vacate by the deadline.
Applicable law: M.R.S. § 535.170, M.R.S. § 534.350, M.R.S. § 534.180
7. Law Enforcement Removes Tenant from Rental Property
If the deadline in the Writ of Restitution passes and the tenant still has not moved out, the sheriff or another authorized law enforcement officer can then carry out the removal and return the rental property to the landlord. Landlords must avoid attempting self-help evictions (e.g., changing locks, shutting off utilities, removing belongings) without a court order.
Missouri law allows a landlord to dispose of a tenant’s belongings only after the tenant meets abandonment requirements, which include:
- Posting and mailing a written notice to the ex-tenant
- Waiting 10 days for the ex-tenant to respond or pay overdue rent
If the former tenant does not respond within the 10-day period, the landlord may consider the items left behind abandoned and dispose of them at their discretion.
Applicable law: M.R.S. § 534.590, M.R.S. § 441.065
Typical Eviction Timelines in Missouri
A full eviction in Missouri, from the first notice to the tenant’s removal, often takes several weeks. Timelines change based on the court’s workload, the type of case the landlord files, and whether the tenant contests the eviction.
Here are the typical eviction timelines to expect in Missouri:
| Stage | Typical Timeframe | Supporting law |
| Notice to Quit (Late Rent Payment) | Starts once rent becomes due and isn’t paid | M.R.S. § 535.010 |
| Notice to Quit (Curable Issue) | 10 days for certain violations that tenants can fix | M.R.S. § 441.040 |
| Notice to Quit (Incurable Issue) | Sets a firm 10-day move-out deadline with no option to cure | M.R.S. § 441.040 |
| Tenant response deadline | Runs through the effective notice period before the landlord files in court | M.R.S. § 535.030 |
| Hearing scheduling | Within a few weeks after the landlord files the case | M.R.S. § 535.020 |
| Writ enforcement | Follows the court judgment once the writ is issued to law enforcement | M.R.S. § 535.170 |
Landlord Retaliation & Harassment During Eviction
Missouri landlords may not retaliate against or harass tenants at any time during the lease or the eviction process. Courts can levy penalties, halt an eviction case, or deny a landlord possession if they engage in any of these behaviors.
Examples of landlord retaliation include:
- Raising rent after a tenant reports unsafe conditions.
- Filing for eviction after a tenant requests repairs.
- Withholding utilities because a tenant contacted housing authorities.
Examples of landlord harassment include:
- Entering the unit without proper notice or permission.
- Shutting off utilities without an emergency reason.
- Threatening eviction when a tenant files a complaint.
If retaliation or harassment occurs, tenants should document each interaction and consider seeking legal help. Detailed records of these interactions (including dates, notices, and communication logs) can help protect tenants’ rights and ensure the eviction process remains lawful.
Applicable law: M.R.S. § 441.740
Tips for Tenants Attempting to Avoid Eviction
Facing eviction can be stressful for any renter, but Missouri tenants can take practical steps to improve their chances of staying in their units. The following advice can help prevent disputes from escalating.
Develop a professional relationship with your landlord: Regular communication can build trust and prevent minor issues from escalating. Tenants who stay in touch about repairs, payments, or showings can often get the benefit of the doubt.
Know your rights and responsibilities: Tenants who understand Missouri landlord-tenant law understand their rights and obligations as renters. They’ll also get a grasp on what they (and the landlord) can and cannot do during eviction proceedings.
Address mess-ups promptly: Late payments or minor lease issues call for quick action on your end. Tenants who address their mishaps right away can reduce the risk of receiving an eviction notice and get back into the landlord’s good graces.
Propose alternative solutions: An honest conversation with your landlord about why you missed rent or unknowingly broke a lease term can be a good starting point for negotiating a payment plan or opportunity to make things right (instead of eviction).
Seek legal help when necessary: Tenants who fear eviction can always benefit from legal guidance. For affordable or free legal support, visit the Legal Services of Eastern Missouri website or search for a similar organization in your area.
Tips for Landlords Seeking to Evict Tenants
Eviction requires steady attention and full compliance with Missouri law. Here are a few pieces of advice for landlords who are thinking about evicting their tenants:
Never attempt self-help eviction: Lock changes and utility shutoffs violate Missouri law and can undermine your entire eviction case. Using the legal process rather than attempting to remove a tenant yourself is the only lawful way to evict a tenant who refuses to leave.
Know your Missouri landlord-tenant laws: Landlords who understand Chapters 441 and 535 of the Missouri Revised Statutes can handle eviction notices, deadlines, and court filings with ease. These laws set the rules governing every stage of the eviction process.
Think about a cash-for-keys settlement: Negotiating a voluntary cash-for-keys agreement with your tenant can save everyone a lot of time and stress. You fork over a little money, while your tenant avoids eviction and gets a little cash to find their next home. Everybody wins.
Serve your tenant the correct notice: Serving the correct eviction notice strengthens the landlord’s case in court. Delivering the right form on time and documenting the process can help make sure your ducks are in a row before your court date arrives.
Screen future tenants thoroughly: Careful tenant screening will increase your odds of finding a solid tenant (who you won’t need to evict). Landlords who screen tenants for rental history, income, and criminal history are always glad they did.
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