A Missouri eviction notice is a written notice a landlord serves on a tenant to end a tenancy for nonpayment of rent, a lease violation, or without cause, before the landlord can file an eviction case in court. A landlord commonly sends this notice when:
- The tenant has not paid rent on time.
- The tenant has damaged the property beyond normal wear and tear, in a way that is costly or difficult to repair.
- The tenant has broken a rule in the lease, such as keeping an unauthorized pet or subletting without permission.
- The tenant is using the property for gambling.
- The tenant has physically threatened or assaulted the landlord or another tenant.
- The landlord has a reasonable concern about drug activity on the property.
- The tenant has stayed past the end of the rental period and has not moved out.
Every eviction notice includes a similar set of details, though exact requirements vary by state and county.
- The landlord's and tenant's names and contact details
- The property's full address
- The reason for the notice
- How much time the tenant has to respond
- The date the landlord signed the notice
- A statement of the tenant's duty to comply with the lease
- A certificate of service
Missouri Eviction Laws
Missouri eviction law lives mainly in Chapter 535 and Chapter 441 of the Missouri Revised Statutes. To evict for nonpayment, a landlord must first demand the rent before filing a sworn statement with the court.[4] To evict for a lease violation covered by Section 441.020 or 441.030, the landlord must give the tenant ten days' written notice before retaking the property.[1] To end a tenancy without cause, including a month-to-month or no-lease rental, the landlord must give the tenant one month's written notice.[2]
- Nonpayment. The landlord must file a sworn statement, or affidavit, with an associate circuit judge in the county where the property is located. The statement must give the lease terms, the rent owed, and confirm that the rent was demanded and not paid.[4]
- Lease Violation. This applies to violations covered by Sections 441.020 and 441.030 of the Missouri statutes, such as unlawful use of the property. The tenant must receive ten days' written notice before the landlord may re-enter the property or remove the tenant.[1]
- No-Cause Termination. This applies to a tenancy at will, a tenancy by sufferance, or any periodic tenancy of less than one year, which covers most month-to-month rentals and rentals without a written lease. The landlord must give the tenant one month's written notice to vacate.[2]
Missouri Eviction Notice Laws Details
This document goes by several names, including notice to vacate and notice to quit. For a nonpayment case, some landlords call it a 3-day or 5-day notice, based on how much time they choose to give the tenant to pay before filing in court.
Eviction Notice Types Used in Missouri
Missouri landlords use three common eviction notices, based on why the tenancy is ending. A no-cause notice, sometimes called a 30-day notice, gives the tenant one month.[2] A lease-violation notice gives the tenant ten days.[1] A notice for unpaid rent tells the tenant that payment is due before the landlord files in court.[4]
- One-Month Notice to Quit (No-Cause). Also called a 30-day notice, this notice gives the tenant one month to move out. A landlord sends it to end a month-to-month tenancy, a tenancy at will, or another periodic tenancy under one year, including a rental with no written lease.[2]
- 10-Day Notice to Quit. A landlord sends this notice for a violation covered by Section 441.020 or 441.030 of the Missouri statutes. It gives the tenant ten days' notice before the landlord may retake the property, so it helps to count the notice period with our deadline calculator.[1] In practice, many landlords use the notice period as a chance for the tenant to fix the problem, though Missouri's notice statute does not promise the tenant a right to cure.
- Notice to Quit for Not Paying Rent. Sometimes called a 3-day or 5-day notice, Missouri statutes do not set a specific number of days for this notice. It is common practice to give the tenant three to five days before filing in court.
Create a free high-quality Missouri Eviction Notice online now!
How to Evict a Tenant in Missouri
To evict a tenant in Missouri, the landlord first serves the required notice, then files a sworn statement with an associate circuit judge in the county where the property is located if the tenant does not comply.[4] The court clerk then issues a summons naming the tenant and every other occupant of the property, requiring them to appear and show why the landlord should not regain possession.[4]
Follow these steps to evict a tenant in Missouri:
- Notify a Renter with the Paper. If a tenant does not pay rent on the due date or breaks a lease rule, the landlord can complete an eviction notice and deliver it to the tenant. You can use our form-building software to create and complete the notice.
- Prepare Documentation for Court. If the tenant does not respond after the notice period ends, the landlord may file a sworn statement with the court, stating the lease terms, the rent owed, and that the rent was demanded and not paid.[4]
- Let the Court Process Run. The case proceeds under the Missouri Rules of Civil Procedure, except where Chapter 535 provides otherwise.[4] The landlord may also join a claim for other unpaid amounts owed under the lease in the same case, other than property damage.[4] A judgment for those other amounts alone does not by itself give the landlord a right to possession.[4]
Can a Landlord Evict a Tenant Without a Court Order in Missouri?
No. Missouri law does not allow a landlord to remove a tenant or the tenant's belongings from the property without going through the courts first. A landlord who locks a tenant out, removes doors, or shuts off utilities without judicial process and a court order can be held liable for forcible entry and detainer.[3] Missouri statutes describe forcible entry and detainer in Chapter 534, and a landlord found liable under it can face legal consequences for retaking the property this way.[3]
No Self-Help Evictions
Changing the locks, removing doors, or cutting off water or power to force a tenant out is not allowed unless a court has issued an order and the eviction has gone through the legal process.[3]
When a Missouri eviction case goes to court, the paperwork usually includes a petition that starts the case and a writ that enforces the judgment. The petition must state the lease terms and the rent owed, and it may also include other unpaid amounts owed under the lease, other than property damage.[4]
- Petition for Rent and Possession. The property owner files this to start the case, stating the monthly rent and the amount the tenant owes.
- Summons. The court clerk issues this to notify the tenant, and every other occupant of the property, that the case has begun.[4]
Writ of Possession. If the court rules for the landlord, this form directs the sheriff to remove the tenant from the property.
General information, not legal or tax advice.
Sources
Unless noted otherwise, the sources below are from the Mo. Rev. Stat..
- Mo. Rev. Stat. § 441.040.
- Mo. Rev. Stat. § 441.060.
- Mo. Rev. Stat. § 441.233.
- Mo. Rev. Stat. § 535.020.
