Outline of the eviction process in Missouri

1. Grounds for Eviction

• Legal reasons required:
  • Non-payment of rent.
  • Lease violation (e.g., unauthorized pets, property damage).
  • Illegal activity (e.g., drug-related conduct, violent crime).
  • End of lease term (fixed-term or month-to-month).
  • Holdover tenancy (tenant remains after lease expires).
  • No-fault eviction (e.g., landlord wants to sell or occupy).
• Laws: Mo. Rev. Stat. § 441.060 to § 441.920 (Landlord and Tenant); § 535.010 to § 535.300 (Landlord-Tenant Actions).

2. Notice to Quit

• Written Notice to Quit or Demand for Rent served:
  • Non-payment: Immediate demand (typically 10 days to pay or vacate per lease).
  • Lease violation: 10-day notice to cure or vacate (if curable); immediate for non-curable.
  • Month-to-month: 30-day notice to terminate.
  • No-fault/end of lease: 30-day notice.
  • Illegal activity or holdover: Immediate or 10-day notice to vacate (no cure).
• Delivery: Hand-delivered, mailed (certified mail), or posted with mailed copy.
• Tenant can cure by paying rent (within 10 days or per lease) or fixing violation (within 10 days).

3. Filing the Eviction Case

• File Petition for Rent and Possession (non-payment) or Unlawful Detainer in Circuit Court (Associate Division) or Municipal Court.
• Documents: Petition, summons, Notice to Quit, lease, proof of service.
• Fee: ~$45–$100 (varies by county).
• Timing: After notice period expires (e.g., 11th day for 10-day notice).

4. Serving the Summons and Complaint

• Sheriff or special process server serves papers 4 days before hearing.
• Methods: Personal delivery, left with resident (age 15+), or posted and mailed.
• Tenant must appear at hearing; written Answer optional.

5. Court Hearing

• Held 7–21 days after filing.
• Landlord presents evidence; tenant raises defenses (e.g., improper notice, retaliation).
• Outcomes: Eviction granted, case dismissed, or agreement (e.g., payment plan).

6. Judgment and Execution

• Execution in Eviction if landlord wins.
• Appeal: 7 days to Court of Appeals (requires bond).
• Execution issued: ~7–10 days post-judgment; sheriff serves 24-hour notice to vacate.

7. Physical Eviction

• Sheriff removes tenant; no mandatory storage (property may be placed on street or stored at landlord’s discretion).
• Tenant may reclaim stored property by paying costs.
• Law: Mo. Rev. Stat. § 535.090.

8. Tenant Protections

• Rights:
  • Cure violations (10 days or per lease), defenses (retaliation, discrimination, limited habitability).
  • No self-help evictions (landlord penalties up to 2x rent).
• Resources:
  • Legal Services of Missouri (800-444-0514), molawyers.org, courts.mo.gov.

Notes

• Disclaimer: General guide; consult a lawyer. Local practices may vary.
• Sources: Mo. Rev. Stat. § 441.060 to § 441.920, § 535.010 to § 535.300; courts.mo.gov; molawyers.org.