You don’t want to evict a tenant in Missouri, but sometimes you’re left with no choice.
When that time comes, you need to act with confidence, clarity, and full legal compliance. This guide walks you through every step to evict a tenant in Missouri the right way.
Missouri Eviction Steps
Here are the major steps to evict a tenant in the state of Missouri.
1. Serve the Proper Notice
Missouri landlords must provide written notice before filing for eviction. The notice type depends on the reason:
- Nonpayment of Rent: Serve a 5-day notice to pay or vacate. The notice must clearly state the amount due and inform the tenant that failure to pay will result in eviction proceedings. If the full rent is not paid within five business days (excluding weekends and holidays), you can move forward with eviction.
- Lease Violations: Serve a 10-day notice to vacate. This applies when tenants violate a term of the lease, such as having unauthorized pets, damaging the property, or disturbing neighbors. Missouri law doesn’t require landlords to give tenants the chance to fix the violation, but you can choose to offer that in writing.
- Ending a Month-to-Month Lease: Serve a 30-day written notice. This must be provided at least one full month before the next rental due date. For example, if rent is due on the 1st, serve notice before the 1st of the previous month.
Delivery options include personal service, posting the notice on the door, or sending it via certified mail with return receipt. Make sure to document the method and date of delivery. Improper notice can delay the entire eviction.
2. File an Eviction Lawsuit (Unlawful Detainer or Rent & Possession)
After the notice period expires without compliance, you can file an eviction lawsuit in the circuit court of the county where the rental property is located. Missouri recognizes two primary types of eviction filings:
- Rent and Possession: Used when the tenant has not paid rent but still resides on the property under an ongoing lease.
- Unlawful Detainer: Used when the lease has expired or was terminated (including for cause), and the tenant remains on the property.
To file:
- Complete the appropriate Petition for Rent and Possession or Unlawful Detainer form.
- Include copies of the lease, notice served, proof of service, and any documentation related to the issue (like photos of damage or communication records).
- Pay the court filing fee, which varies by county but is generally around $35 to $50.
Once filed, the court will schedule a hearing—usually within 10–21 days.
3. Serve the Tenant with Court Documents
Tenants must be notified of the court case and given time to prepare a defense. Here's how that works:
- Who Serves: The court will typically assign the sheriff to serve papers, or you can hire a private process server.
- How: Documents must be served in person. If the tenant cannot be located after due diligence, you can request permission to use posting and mailing as alternative service.
- What’s Served: The summons and petition must both be delivered, along with any additional documents the court requires.
- Proof of Service: An Affidavit of Service must be completed and filed with the court before the hearing.
Service is a non-negotiable step in the eviction timeline. If it’s done incorrectly, the case may be dismissed, forcing you to start over.
4. Attend the Court Hearing
On the hearing date, both the landlord and tenant will appear before a judge:
- Be Prepared: Bring all relevant documents, including the lease, notices, rent ledger, photos, maintenance records, communication logs, and proof of service.
- Tenant Defenses: Tenants may claim improper notice, retaliation, or that they’ve already paid rent. Missouri courts also look closely at habitability—if the tenant alleges unsafe or unsanitary conditions, be ready to show proof of repairs or inspections.
- Judgment: If the judge rules in your favor, you’ll receive a Judgment for Possession, and possibly a monetary judgment for unpaid rent or damages.
Sometimes, the tenant doesn’t show up. In that case, the judge may issue a default judgment in your favor.
5. Request a Writ of Possession
If you win, your next move is to request a Writ of Possession:
- What It Does: This writ allows the sheriff to physically remove the tenant if they do not leave voluntarily.
- How to Request It: File the writ with the same circuit court that issued the judgment. Some counties require a short waiting period (often 10 days) before it can be enforced.
- Delivery: The writ is sent to the sheriff, who will post a final notice on the property and schedule a lockout date.
If the tenant vacates before that date, you can avoid a forced removal.
6. Enforce the Eviction
Here’s how the physical eviction unfolds:
- The Sheriff Handles It: Only the sheriff can carry out the eviction. You cannot change the locks, move the tenant’s belongings, or threaten eviction yourself.
- Tenant’s Property: Missouri does not require landlords to store abandoned belongings. However, it’s best practice to document items left behind and provide a short window (typically 24–48 hours) for retrieval before disposal.
- Post-Lockout Steps: Once the sheriff confirms the lockout, change the locks immediately and inspect the unit for damage. Take pictures and document everything in case of disputes over deposits or court claims.
Common Mistakes That Delay Missouri Evictions
Missouri eviction law is strict about due process. Any of the following errors could delay your case:
- Serving the wrong notice or failing to include required language
- Failing to give proper notice length (e.g., only giving 3 days instead of 5)
- Not properly documenting service
- Accepting partial rent after notice and then failing to re-issue a new notice
- Attempting “self-help” measures like shutting off utilities or removing belongings
If in doubt, contact a Missouri landlord-tenant attorney or use court-approved forms to reduce risk.
Eviction Alternatives in Missouri
Eviction isn’t always the fastest or cheapest route. These alternatives can help avoid the courtroom:
1. Offer a Payment Plan
Before rushing to court, you may consider a structured payment agreement:
- Spell out amounts, dates, and consequences of nonpayment.
- Put it in writing and have both parties sign.
- Follow up with written receipts and reminders.
This shows good faith, can preserve the rental relationship, and may save you weeks of vacancy and legal costs.
2. Try Cash for Keys
This simple arrangement involves paying the tenant to move out voluntarily. Here’s how to do it right:
- Decide on the cash offer (usually $300–$1,000 depending on your local rent amount and eviction costs).
- Draft an agreement that includes move-out date, condition of the property, and terms of the cash exchange.
- Only pay once the tenant vacates and turns over keys.
Some landlords find this route faster, cheaper, and far less stressful than litigation.
3. Use Mediation Services
Organizations like Mediation Achieving Results for Citizens (MARC) and court-based mediation programs in places like St. Louis and Kansas City provide landlord-tenant resolution services.
Mediation can:
- Help clarify misunderstandings
- Reduce hostility
- Result in creative agreements (e.g., reduced rent in exchange for repairs or early departure)
If your tenant is trying—but struggling—this is a humane and practical option.
Missouri Eviction Frequently Asked Questions
Can I evict a tenant in winter?
Yes. Missouri does not prohibit winter evictions. However, you cannot shut off utilities or attempt eviction during extreme weather without due process.
How long does an eviction take?
Most uncontested cases take 3–5 weeks. Contested evictions may take longer, especially if the tenant demands a jury trial or files appeals.
Can tenants stop eviction by paying late rent?
Yes, in Rent and Possession cases, tenants can pay the full amount before the hearing to stop the process. If accepted, you cannot proceed with eviction based on nonpayment.
Can I evict a tenant without a written lease?
Yes. Missouri recognizes verbal month-to-month leases. You still must follow proper notice and court filing procedures.
What if the tenant damages the unit after moving out?
You may deduct from the security deposit for damages beyond normal wear and tear. You must provide an itemized list within 30 days of the tenant vacating.
Can I sue for unpaid rent after eviction?
Yes. If you receive a monetary judgment, you can pursue collection through wage garnishment or liens—though enforcement can take time and require additional steps.
Are eviction records public in Missouri?
Yes. Evictions become part of the court record and may impact the tenant’s ability to rent elsewhere.
Final Word
Evicting a tenant in Missouri takes time, patience, and precision. But when you follow the law step-by-step, you protect your rights and your property.
And if you’re tired of lease violations, property damage, and nonpayment headaches—it may be time to offload your rental entirely. Selling can offer a clean break, a strong cash return, and a lot more peace of mind.
