By Type
Pay or Quit – Used when rent is overdue. It explains what must be paid to avoid eviction.
Cure or Quit – Sent for lease violations that can be fixed. The tenant has time to bring the lease back into compliance.
Termination of Month-to-Month Tenancy (30-Day Notice) – Ends a monthly rental with advance notice.
Notice to Quit for Illegal Activity – Applies to criminal activity tied to the rental unit.
Eviction Laws
Missouri statutes set notice periods for most lease violations, but not for late rent.
- Rent Grace Period: None.[1]
- Non-Payment of Rent: No statutory notice period; a Demand for Rent (Notice to Quit) is required before filing.[1]
- Lease Non-Compliance: 10-day notice.[2]
- Illegal Activity: 10-day notice.[2][3]
- Termination of Month-to-Month Tenancy: 1 month.[4]
- Eviction Lawsuit Type: Landlord-Tenant Actions.[5]
Notices should clearly state the violation and the deadline to comply or vacate.
- Utility Shutoff – It is unlawful for a landlord to willfully interrupt essential services, including electricity, gas, water, or sewer, to force a tenant out.[6]
- Changing the Locks – A landlord may not remove doors or locks, or otherwise exclude a tenant from the premises, outside of the court process.[7]
These actions can invalidate an eviction and expose the landlord to damages.
How to Evict a Tenant in Missouri (Step-by-Step)
Step 1: Provide the Proper Eviction Notice
The landlord must first give written notice and wait the required time before filing in court. Common notices include:
- Demand for Rent (Notice to Quit) – For late rent
- 10-Day Notice to Quit – Lease non-compliance or illegal activity
- 30-Day Notice to Quit – Month-to-month termination
Proof of delivery should always be kept.
Step 2: File a Petition With the Circuit Court
If the tenant does not comply, the landlord may file a Petition for Rent and Possession in the circuit court. The petition must be served by a private process server or by requesting court service. If the eviction is for reasons other than unpaid rent, the landlord files an unlawful detainer action. Filing fees vary by county, including:
- St. Louis County: $53.50 plus $36 sheriff fee per defendant.[8]
- Jackson County: $112.50 plus $36 per defendant.[9]
- St. Charles County: $48.50.[10]
Step 3: Receive Judgment and Enforce Possession
If the landlord wins, the court enters judgment. The tenant has 10 days to appeal. If no appeal is filed, the landlord may apply for a writ of possession, allowing law enforcement to remove the tenant.
Court Forms & Resources
Missouri eviction paperwork is handled at the county level, and forms vary by circuit court.
- Landlord’s Petition for Rent and Possession, Motion for Order to Post, and Judgment – Used to begin an eviction for unpaid rent and to request possession.
- Motion for Order to Post – Requests court-authorized service of the petition when personal service is needed.
- Judgment – Records the court’s decision once the case is resolved.
If the landlord prevails, the tenant has 10 days to appeal. After that period, the landlord may request a writ of possession. Each county provides its own version of the request; Jackson County offers a commonly used example.
Sources
- Mo. Rev. Stat. § 535-010
- Mo. Rev. Stat. § 441.040
- Mo. Rev. Stat. § 441.020
- Mo. Rev. Stat. § 441.060(3)
- Chapter 535 (Landlord-Tenant Actions)
- Mo. Rev. Stat. § 441.233(2)
- Mo. Rev. Stat. § 441.233(1)
- St. Louis County Courts – Schedule of Deposits and Fees
- 16th Circuit Court – Fees and Filing Deposits
- 11th Judicial Circuit Court – Fee Schedule