Missouri Eviction Notice Form – PDF

30 Day Notice

Evictions in Missouri follow a slightly different process than in many other states. Following the process (according to State Statutes 441.710 thru 441.880) is important to avoid your eviction case being dismissed. Property owners may apply for expedited evictions if tenants cause a great deal of property damage or perform drug-related activity on the property.

1. Notice

Before going to court to file an eviction, landlords must give tenants written notice of their intent to evict. The notice must state the reason for the eviction and the amount of time the tenant has to correct the problem. These reasons could include failure to pay rent, expiration of the lease, or damage to the property.

Missouri law doesn’t specify the length of notice necessary for nonpayment of rent notices. It is recommended to give tenants several days to pay the rent, however.

No notice is required if the tenant has committed violence or a drug-related activity on the property. For evictions for other reasons, like lease violations, landlords must give 30-day notices.

2. Eviction Lawsuit

Missouri features two types of eviction actions. A Rent and Possession lawsuit is filed to evict a tenant that has not paid rent. An Unlawful Detainer action is used to evict tenants who have stayed beyond their lease or violated the lease. In either case, you file the action in the court where the property is, and the court serves the tenant with the Complaint and the Summons, which states when and where the hearing will be.

3. Hearing

The hearing will occur within 21 days of service of the Summons. The judge will grant a default judgment to the property owner if the tenant does not appear at the hearing.

The hearing will occur before a judge. Each party may present his or her case using any supporting evidence like documents, receipts, the lease, and witness testimony. It is important to bring copies of all related documents. Tenants may argue that the breach of the lease was not serious, that the rent was paid, or that the landlord didn’t properly notify the tenant, among other defenses.

If the landlord wins, the tenant has 10 days to appeal the decision. After these 10 days, the property owner may request a Writ of Execution, which will compel the sheriff to remove the tenant forcibly if the tenant has not left the property.