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Eviction In Missouri
It's not uncommon for landlords to dread evictions since they can be uncomfortable and legally challenging at times. But sometimes, for the sake of your rental property business, evicting a tenant is the only option. So long as you understand your legal obligations both as a landlord and in court, eviction doesn't have to be a looming fear.
In Missouri (as in all states), there are certain laws in place to protect landlords and tenants alike from nightmare scenarios. Laws can differ greatly depending on the state your business resides in, so it's always important to familiarize yourself with whatever laws that apply to you. Operating within them will ensure that your case is solid in the unfortunate event of eviction.
If you own and rent properties in the state of Missouri, you are responsible for complying with Missouri eviction laws. In this article, we break down each step of the legal eviction process in Missouri while offering some tips and resources along the way.
Innago does not provide legal advice. The content and materials provided in this article are for general informational purposes only and may not be the most up-to-date information. Missouri’s eviction laws can be found at MRS § 441.710 to 441.880, MRS § 534.010 to 534.590, and MRS § 535.010 to 535.210.
Reasons for Eviction in Missouri
In Missouri, tenants can be evicted for a variety of reasons, including the failure to pay rent, the violation of lease terms, and illegal/criminal activity on the property. Below, we'll dive into each reason and offer some examples of them.
Nonpayment of Rent
Failure to pay rent when it is due (the first of the month unless stated otherwise in the lease) is grounds for eviction. Missouri landlords can legally begin eviction proceedings the day after rent is due, as there are no legal requirements for grace periods, but it's recommended to wait 1-2 weeks anyway to strengthen your case. If a grace period was established in the lease term agreement, however, landlords must honor it (MRS § 535.010).
Violation of Lease Terms
Similarly, if a tenant violates any part of the lease term agreement, they may be subject to eviction. Violations vary depending on what is outlined in each lease, but they may include:
- Unauthorized occupants or animals
- Damage to the property
- Disrupting the peace and enjoyment of others
- Failure to maintain the property in a sanitary manner
- Holding over, or refusing to vacate when the lease term ends
If there's a lease violation that warrants eviction, landlords can issue a 10-day notice to the tenant to quit to premises. Missouri law does not require that landlords allow tenants to cure the violation during this period, but if it's possible in your situation, it may be a simpler route than eviction.
Illegal Activity
If a tenant is engaging in illegal activity on the premises, the landlord may begin the legal eviction process. Missouri law states that:
"Whenever any lessee of any house, apartment or building 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, and the lessor may enter on the premises so let, and shall have the same remedies for the recovery of the premises as in the case of a tenant holding over the tenant's term" (MRS§ 441.020).
In the event of illegal activity, landlords must typically 10-day notice to the tenant to vacate the premises. The tenant will not have the opportunity to cure the lease violation, and if they refuse to leave by the end of the notice period, landlords may begin with legal proceedings. Some illegal/criminal activity, which we will discuss in the next section, may not require a notice to the tenant at all, in which case the landlord may begin with legal eviction right away.
Additional Reading: Missouri Landlord Tenant Rental Laws & Rights [2025]
Eviction Process in Missouri
- Landlord serves a zero- to ten-day eviction notice.
- Landlord files an eviction lawsuit with the court.
- Court serves tenant a summons.
- Landlord and tenant attend court hearing and receive judgment.
- Tenant receives 24 hours to a few days to move out.
- Sheriff arrives to forcibly remove the tenant if necessary.
1. Landlord Serves a Zero- to Ten-Day Eviction Notice
If any of the above lease violations occur, the landlord must first serve a Missouri eviction notice (or “demand for possession”) and state that the tenant has the appropriate number of days to remedy or cure the violation. There are three possible eviction notices a landlord may send in Missouri:
- Rent Demand Notice: Immediate. If rent is unpaid when due, the landlord must demand the rent verbally or in writing via a Missouri eviction notice and may then file for eviction immediately or at the same time the demand is issued. However, most landlords provide tenants a few days to pay their balance to avoid eviction (MRS § 535.010, 535.020).
- Lease Violation Notice: 10 days to cure or quit. If a tenant violates another lease term or fails to uphold their legal obligations, the landlord must deliver this Missouri eviction notice stating the breach and what is required to remedy it, as well as the date on which the lease will terminate if the tenant does not cure the breach (not less than ten days after receipt of the notice) (MRS § 441.040).
- Unconditional Notice to Quit: 10 days to quit. This Missouri eviction notice gives no opportunity to “cure” the violation and applies when there is any illegal use of the premises (MRS § 441.020).
Every Missouri eviction notice should be delivered either by serving a copy to the tenant personally or leaving it with another resident at the property at least 15 years old. If no one answers or there are no other residents, the notice should be posted on the premises. An officer authorized to serve judicial process may also serve the eviction notice (MRS § 534.050).
Expedited Eviction Actions
In Missouri, landlords can also initiate an expedited eviction action or immediate eviction by court order. An immediate eviction in Missouri may be ordered under one of the following circumstances as per MRS § 441.740:
- An emergency situation where failure to remove the tenant would result in physical injury to another person or damage to the landlord’s property exceeding the value of twelve months’ rent.
- Drug-related criminal activity has occurred on the premises.
- The tenant invited or permitted someone to enter the property who is currently banned from the premises.
In the emergency situations described above, the landlord has an obligation to first make a reasonable attempt to resolve the emergency situation through local public law enforcement or mental health services.
2. Landlord Files an Eviction Lawsuit with the Court
If the tenant has not cured the breach by the end of the notice period (or if the violation is uncurable and the notice period expires), the landlord can then file a complaint for unlawful entry and detainer (the eviction lawsuit) in the Missouri Associate Circuit Court in the county where the property is located (MRS § 534.060). This complaint may also be called the Landlord’s Petition (downloadable here, but note that counties may have individual versions of this form).
The complaint or Landlord’s Petition should include:
- The county and case number
- The names and contact information of both parties
- Whether service is requested or if the landlord plans to use a private process server
- A description/address of the property
- The date the lease began
- The monthly rental rate
- The date of the lease violation, overdue rent, or unlawful entry
- The amount of money the landlord is claiming for damages
- The landlord’s signature
The landlord will also need to pay a court filing fee, the amount of which varies depending on the county.
3. Court Serves Tenant a Summons
The next step of eviction in Missouri is serving the tenant a summons. After the landlord files the complaint, the clerk of the circuit court will issue a summons. The required form of the summons can be found at MRS § 534.080, although courts generally have their own summons forms. The summons includes the date of the court hearing the tenant must attend, which typically will be scheduled no more than 21 business days (or 15 days for expedited eviction actions) from the date the summons was issued (MRS § 534.070(2), MRS § 441.720(1)).
After it is completed, the summons must be directed to the sheriff’s office (MRS § 534.070(1)). The sheriff will serve the summons, alongside a copy of the complaint, to the tenant at least four days before the court hearing date (MRS § 534.090(1)). It must be served in one of the following manners:
- Personal delivery to the tenant
- Left with a resident at the property at least 15 years old
- Posted on the premises AND mailed to the tenant’s last known address
After service has been made, the officer will file a return to certify its delivery on or before the trial date (MRS § 534.100).
The tenant is not required to file a written answer to attend the hearing and may present any defenses explaining why the eviction should not occur at the trial. Additionally, either party has the right to demand a trial by jury if a timely request for one is made (MRS § 534.160).
4. Landlord and Tenant Attend Court Hearing and Receive Judgment
On the day of the eviction hearing, the landlord should bring copies of the lease agreement, the eviction notice with proof of service, the complaint, and any evidence of the lease violation. Both the landlord and tenant will present their cases and any evidence to the judge, who will afterwards issue a judgment. If the judge rules in the landlord’s favor (or if a default judgment is awarded to the landlord because the tenant did not attend the hearing), the court will order that the landlord recover possession of the property.
The landlord will also be entitled to collect all damages, attorney’s fees, and other court costs. If the basis for the eviction was that the tenant sublet the property or allowed another person to solely possess the property without the landlord’s permission, the court may require the tenant to pay double the damages for rent due (MRS § 534.347).
The tenant is allowed to appeal the judgment or request the court to set aside the judgment within ten days of its issuance (MRS § 535.030(4)).
5. Tenant Gets 24 Hours to a Few Days to Move Out
The writ of restitution is the document that authorizes the sheriff to remove the tenant and gives the tenant a final notice period to move out. In Missouri, the court will issue the writ of restitution ten days after the judgment (MRS § 534.350). However, it may be delayed longer should the tenant file an appeal and post an appeal bond.
Once the writ is issued, the court will send a copy of the judgment to the sheriff’s office or other local law enforcement agency within two business days of the judgment (MRS § 534.330). The sheriff will post a copy of the writ at the rental unit and return to remove the tenant soon thereafter, depending on the type of eviction:
- For expedited evictions, the tenant gets a 24-hour final notice period to move out (MRS § 441.770(1)).
- For all other evictions, the landlord may request that the sheriff execute the judgment and restore possession of the property within 15 days of the date the judgment is finalized (MRS § 534.355). Since it takes at least ten days for the writ to be issued, this would allow the tenant about one to five days’ final notice before the sheriff returns to remove them.
Stays of Execution
In certain circumstances, the execution of an eviction order may be delayed or “stayed,” and the writ will not be served within the above time frame. A tenant who has been ordered to move out may apply to stay the eviction order on any of the following grounds as per MRS § 441.880:
- They are a drug user and will promptly enter a court-approved drug treatment program.
- The eviction was for drug-related criminal activity on the premises, but the tenant did not participate, aid, or assist in it; it was not located within 1000 feet of a school; and it did not involve the sale of drugs to minors.
- No weapon or firearm was used or possessed in connection with the reason for eviction.
- The court has not or will not issue a protective order.
- The tenant has not previously been granted a stay of execution.
- The stay will not endanger the safety, health, or wellbeing of the surrounding community or the landlord.
6. Sheriff Arrives to Forcibly Remove the Tenant
If the tenant does not move out within the designated final notice period, the sheriff will return to enforce the writ and forcibly remove the tenant from the premises. In some cases, the landlord may need to first request execution via a Request for Writ of Execution Restitution of Possession (downloadable for Jackson County).
Storage Rules
When a tenant abandons the rental premises and leaves behind personal property, the landlord may remove it and dispose of it after providing ten days’ notice in writing to the tenant (MRS § 441.065).
Evicting a Squatter in Missouri
A squatter is a person who moves into a vacant or abandoned property without getting permission from the owner or paying rent. Squatters can usually be charged as criminal trespassers and be evicted like any other tenant. However, some squatters can receive the right to possession by meeting certain state-determined criteria. In Missouri, squatters must have lived in the property for ten consecutive years to invoke Missouri squatters rights and claim right of possession (MRS § 516.010). Their possession must also be:
- Hostile/Adverse—The squatter must not have a valid lease with the owner.
- Actual—The squatter must be actively residing on the property.
- Open and Notorious—The squatter is openly and obviously living there.
- Exclusive—The squatter does not share possession of the property with anyone else.
- Continuous—The squatter must hold continuous and uninterrupted possession.
While relatively rare, if a squatter meets all these criteria, they have “color of title”: the right of legal ownership without having a written deed to the property. They can file an action for adverse possession in Missouri to legally obtain the title to the property. However, in most cases, a squatter will not meet the criteria and can be removed. If you think a squatter is living in your vacant property in Missouri, you should:
- Call local law enforcement.
- Determine whether the person is a trespasser or a squatter.
- If the person is a trespasser, they can be removed immediately by a police officer.
- If the person is a squatter, you must contact the sheriff’s office.
- Send the squatter an eviction notice as per Missouri eviction law.
- If the squatter does not vacate the premises by the end of the notice period, file for eviction and follow the typical eviction process.
- Only the sheriff can physically remove a squatter from your property. You cannot do so, and neither can a police officer.
Additional Reading: Missouri Squatter's Rights & Adverse Possession Laws [2025]
How Much Does an Eviction Cost in Missouri?
This chart shows estimates of the approximate cost of an eviction in Missouri, according to civil procedure in the state and iPropertyManagement. A highly accurate estimate of an eviction is impossible to provide, as cases and circumstances vary so widely. Remember to factor in other losses due to an eviction as well, such as lost rent and time.
Action | Approximate Cost |
Filing fee | Varies by county |
Service of court summons | $50 |
Service of writ of possession | $50 |
Legal fees | $500-$10,000 |
Average locksmith fees | $160 |
Storage fees for abandoned property | Varies |
Tenant turnover costs | Varies |
How Long Does an Eviction Take in Missouri?
The chart below shows an estimate of the duration of each part of the Missouri eviction process timeline. Keep in mind that the length of eviction cases varies widely depending on the complexity of the eviction, the court’s current caseload, and whether or not the tenant contests or appeals the lawsuit.
Action | Duration |
Eviction notice period | 0-10 days |
Issuance of summons | 15-21 business days before the hearing |
Service of summons | 4 days before the hearing |
Tenant appeal time | 10 days |
Issuance of writ of restitution | 10 days |
Writ sent to sheriff’s office | 2 business days |
Time to quit after writ is posted | 24 hours – a few days |
Total | 1-3 months |
Eviction Tips for Landlords
Eviction isn't ideal for all parties involved. The best way to save yourself the time and money? Avoiding them altogether. To avoid evictions, you'll want to take a few preventative steps so that the situation doesn't escalate. Here are a few of those preventative steps:
- Carefully screen tenants by running credit, criminal, eviction, and background checks to reduce the risk of future problems.
- Use clear, plain language leases so tenants fully understand your rules and expectations from the start.
- Schedule regular inspections to monitor property condition and lease compliance.
- Offer reasonable grace periods when possible—most tenants will resolve payment issues quickly when given a little flexibility.
- Maintain open communication to build trust and encourage tenants to report issues early, which will make future conversations easier.
- Try to resolve issues before eviction by offering payment plans, adjusting lease terms, or finding other mutually beneficial solutions.
Additional Reading: Missouri Background Checks & Screening Online
In the event that eviction is unavoidable, you'll want to make sure that the process is legal, organized and smooth. To accomplish this, make sure you:
- Follow all legal procedures and deadlines precisely to avoid delays, fines, or dismissal of your case.
- Never use self-help eviction methods like changing locks or shutting off utilities—these are illegal and can result in legal consequences.
- Work with legal professionals whenever possible, as an experienced attorney can guide you through the process and reduce stress.
- Use property management software to track rent payments, automate reminders, and organize key documentation for legal proceedings.
Conclusion
The eviction process in any state can be long and complex, so hiring an eviction attorney is advised in most cases. It’s also important to note that municipalities and local governments often have stricter laws and requirements for landlords, so be sure to check local statutes as well as state ones. However, by reviewing the legal procedures and Missouri laws on eviction, you can feel more confident pursuing an eviction in this state.
FAQs
What’s the fastest way to evict someone in Missouri?
Landlords can file for an expedited eviction if there is drug activity, a serious safety threat, or a banned individual on the property. This kind of eviction does not allow the tenant a chance to fix the violation, and may require them to vacate the property immediately.
Can Missouri landlords evict someone immediately for not paying rent?
Technically yes, Missouri landlords can file for eviction the day it is late, though it's recommended to wait a few days to strengthen the case in the eviction hearings.
Are there grace periods for rent in Missouri?
There are no legally mandated grace periods for rent in Missouri, though some landlords may still include one in the lease to allow for flexibility. Any grace periods agreed upon in the lease terms must always be honored per the law.
What happens if a tenant doesn’t show up to the court hearing?
If the tenant does not appear at the court hearing, judges may issue a default judgement in the landlord's favor, allowing them to proceed with the eviction as planned.
Can landlords evict a month-to-month tenant without a reason?
Yes, but only if they deliver a 30-day notice to allow the tenant time to find new living arrangements. Additionally, the term must end on the last day of a rental period.
Court Forms
Additional Resources
- Missouri’s Landlord-Tenant Law Handbook – A guide to the landlord-tenant laws in Missouri provided by the Missouri attorney general’s office.
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