Eviction laws in Missouri require a landlord to go through the courts — no lockouts, no utility shutoffs, no removing doors or belongings. The landlord has to give the correct notice for the reason they’re evicting, file a petition in the Associate Circuit Court for the county where the property sits, win a judgment, and then wait for the sheriff to carry out the removal. Start to finish, the process usually runs several weeks to a few months, depending on the type of case and whether the tenant fights it.
Reasons a Landlord Can Evict
Missouri splits eviction grounds across several statutes, and the ground controls the notice and the procedure.
- Nonpayment of rent is the most common. It runs under Chapter 535 as a “rent and possession” action.1Missouri Revisor of Statutes. Missouri Code 535.010 – If Rent Be Not Paid as Agreed, Landlord May Recover Possession, How
- Holding over after a lease ends, staying after foreclosure, or refusing to leave after a written demand for possession is handled as an “unlawful detainer” under Chapter 534. It also covers someone occupying a property as part of a job who stays after the job ends.2Missouri Revisor of Statutes. Missouri Code 534.030 – Unlawful Detainer Defined – Foreclosure, Notice to Tenants, Procedure
- Waste or illegal use of the premises falls under Chapter 441. This applies to serious property damage beyond normal wear and tear or use of the property for illegal purposes.3Missouri Revisor of Statutes. Missouri Code 441.040 – Landlord May Take Possession, When – Landlord Liable, When, Burden of Proof
- Drug-related criminal activity on the property has its own set of statutes at Sections 441.710 through 441.880. A landlord can pursue eviction without waiting for a criminal conviction, and even if no charges are ever filed.4Missouri Revisor of Statutes. Missouri Code 441.800 – Criminal Prosecution Unnecessary for Certain Eviction Proceedings to Begin
- Ending a month-to-month tenancy. Either side can end the arrangement with one month’s written notice, and the termination date has to fall on a rent-paying date. If the tenant doesn’t leave, the landlord files an unlawful detainer.5Missouri Revisor of Statutes. Missouri Code 441.060 – Tenancy at Will, Sufferance, Month to Month, How Terminated – Judgment of Eviction, How Effectuated, Landlords Liability
Other specific lease violations — unauthorized pets, subletting without permission — can support eviction too, but the landlord still has to prove the violation in court.
Notice Required Before Filing
Notice is where cases get thrown out. Each ground has its own rule.
Nonpayment of Rent
The landlord must demand payment before filing. The statute doesn’t require the demand to be written, but a written demand stating the exact amount owed creates the paper trail landlords actually need. When the petition is filed, it must include a verified statement of the rental terms and the amount due. The separate month-to-month termination notice under Section 441.060 is not required before filing a nonpayment case.6Missouri Revisor of Statutes. Missouri Code 535.020 – Procedure to Recover Possession
Waste or Illegal Use
Section 441.040 requires 10 days’ written notice to vacate before suit.3Missouri Revisor of Statutes. Missouri Code 441.040 – Landlord May Take Possession, When – Landlord Liable, When, Burden of Proof It covers illegal use of the premises and waste, not every minor lease slip.
Month-to-Month
One month’s written notice, with termination on a rent-paying date. If rent is due on the first and notice is served March 15, the earliest the tenancy ends is May 1.5Missouri Revisor of Statutes. Missouri Code 441.060 – Tenancy at Will, Sufferance, Month to Month, How Terminated – Judgment of Eviction, How Effectuated, Landlords Liability
Holding Over After a Lease
The landlord must make a written demand for possession before filing an unlawful detainer.2Missouri Revisor of Statutes. Missouri Code 534.030 – Unlawful Detainer Defined – Foreclosure, Notice to Tenants, Procedure The statute sets no fixed waiting period, but the tenant needs a reasonable chance to comply before court.
What Happens in Court
The landlord files a petition in the Associate Circuit Court of the county where the property is located. Filing fees run roughly $35 to $55 depending on the county — for example, St. Louis County charges $53.50 for cases under Chapter 534 or 535,7St. Louis County Courts. 21st Judicial Circuit Schedule of Deposit and Fees and Morgan County charges $48.50 in the associate division civil docket.8Morgan County, Missouri. Filing Fees and Costs
The clerk issues a summons that must be served on the tenant at least four days before the court date, and the hearing itself must fall within 21 business days of when the summons is issued. Service can happen through the sheriff, a private process server, or, when the tenant can’t be found, by posting the summons on the property and mailing a copy. The statutory base for sheriff service is $20 per item,9Missouri Revisor of Statutes. Missouri Code 488.435 – Sheriff to Receive Charges for Civil Cases though counties set their own schedules that often run higher. Cole County, for instance, charges $50 to serve a landlord-tenant summons.10Cole County, MO. Service Fees
At the hearing, the landlord has the burden of proving the grounds. A tenant who doesn’t show up loses by default, and the court can enter both a possession order and a money judgment for unpaid rent and costs.11Missouri Revisor of Statutes. Missouri Code 534.345 – Notice of Default Judgment in Eviction Proceeding Must Be Sent to Defaulting Party One protection matters here: when a tenant was served only by posting and mail, the court can grant possession but cannot award a money judgment on default. The court also must mail notice of the default judgment to the tenant’s last known address.
Pay and Stay
In nonpayment cases under Chapter 535, a tenant can stop the eviction by paying all rent owed plus court costs before the judgment becomes final.12Missouri Revisor of Statutes. Missouri Code 535.160 – Proceedings Stayed if Rent and Costs Paid That can happen on the day of the hearing or even after losing at trial, so long as the judgment isn’t final yet. Once the full amount is paid, the case stops and the tenant stays.
Pay and stay applies only to nonpayment cases. A tenant being evicted for holding over, drug activity, property damage, or another lease violation cannot pay their way out.
Appeal, Bond, and the Writ
A tenant who loses has two tools that people often confuse. The first is the appeal bond. Within 10 days of the judgment, the tenant can post a bond covering damages, costs, rent owed, and rent that will come due during the appeal.13Missouri Revisor of Statutes. Missouri Code 535.110 – Appeals, Defendant to Furnish Bond to Stay Execution – Additional Conditions Posting bond is the only way to stay in the property during appeal. A Missouri court has ruled that requiring a bond from someone who genuinely cannot afford one is unconstitutional, but the bond otherwise remains a prerequisite.
The second tool is the appeal itself. A tenant has 40 days from the judgment to file a notice of appeal. Filing an appeal does not stop the eviction; only the bond does. A tenant who files an appeal on day 30 without posting bond can already be locked out.
If no bond is posted within 10 days, the landlord asks the court clerk for a writ of execution, which authorizes the sheriff to carry out the removal. The writ has its own fee, typically $30 to $50.10Cole County, MO. Service Fees
Drug-related evictions move faster. After the court orders eviction under Sections 441.710 through 441.880, the tenant has 24 hours to vacate.14Missouri Revisor of Statutes. Missouri Code 441.770 – Court-Ordered Eviction, When A stay is possible only if the tenant enters a court-approved treatment program, the activity did not occur within 1,000 feet of a school, no weapons were involved, and several other conditions are met. A granted stay puts the tenant on a probationary tenancy for six months or the remaining lease term, whichever is shorter.15Missouri Revisor of Statutes. Missouri Code 441.880 – Stay of Execution of Eviction Order, When
Sheriff Removal
Once the sheriff receives the writ, they schedule the removal and post a notice on the property beforehand. On the day, the sheriff supervises while the landlord changes the locks. Their presence keeps the process orderly and shields both sides from misconduct claims.
If the sheriff fails to deliver possession within seven days of receiving the writ, the landlord may enter the property to take possession, but only in the presence of a law enforcement officer and without breaching the peace.5Missouri Revisor of Statutes. Missouri Code 441.060 – Tenancy at Will, Sufferance, Month to Month, How Terminated – Judgment of Eviction, How Effectuated, Landlords Liability The landlord has to show the officer a true copy of the judgment and the writ before entering. This is the only self-help entry Missouri allows.
Lockouts, Utility Shutoffs, and Retaliation
Outside that narrow post-writ exception, a landlord who removes a tenant, takes their belongings, changes the locks, removes doors, or shuts off utilities without a court order has committed forcible entry and detainer under Missouri law.16Missouri Revisor of Statutes. Missouri Code 441.233 – Landlords Unlawful Removal or Exclusion of Tenant, Liability – Interruption of Services, Landlords Liability That includes deliberately cutting electricity, gas, water, or sewer service, unless the shutoff is genuinely needed for health or safety. A tenant on the receiving end can sue for actual damages, and punitive damages are available where the conduct was intentional or reckless.
Filing eviction as payback for a tenant exercising legal rights, such as reporting code violations or requesting repairs, exposes the case to dismissal. Tenants in federally subsidized housing may also have added HUD protections, including longer notice periods before a nonpayment case can be filed.
Belongings Left Behind
If rent has gone unpaid for 30 consecutive days and the landlord believes the tenant has moved out, Missouri’s abandonment procedure under Section 441.065 applies. The landlord must post written notice on the property and send the same notice to the tenant’s last known address by both first-class mail and certified mail with return receipt requested.17Missouri Revisor of Statutes. Missouri Code 441.065 – Abandonment of Rental Premises, When, Procedure The notice tells the tenant they have 10 days from posting and mailing to respond in writing stating that they have not abandoned the property. If no response comes, the landlord can remove and dispose of the belongings. Any sale proceeds go toward unpaid rent or damages after storage and sale costs are subtracted.
Skipping this process is what turns a routine cleanup into a lawsuit.
Security Deposit After the Tenancy Ends
Missouri caps security deposits at two months’ rent. Within 30 days after the tenancy ends, by eviction or any other reason, the landlord must either return the deposit or send a written, itemized list of deductions with any remaining balance.18Missouri Revisor of Statutes. Missouri Code 535.300 – Security Deposit, Landlords Obligations and Liability Mailing the statement and payment to the tenant’s last known address satisfies the rule.
Landlords can deduct for unpaid rent, damage beyond normal wear and tear, and actual damages from the tenant’s failure to give proper notice before leaving. Carpet cleaning is deductible only if the lease specifically includes a carpet cleaning provision, and the landlord must provide a receipt for the actual cost within 30 days of the tenancy ending. Wrongfully withheld deposits carry a penalty of double the amount withheld: a landlord who improperly keeps $1,500 owes $3,000.
Repair and Deduct
A tenant who has lived in the property for at least six consecutive months, paid all rent on time, and had no unresolved lease violations can deduct the cost of certain repairs from rent. The condition has to affect habitability or safety and violate a local housing or building code. The tenant must notify the landlord in writing and wait 14 days for a fix. If the landlord disputes the need, the tenant needs written confirmation from the local municipality before going ahead. Deductible costs are capped at $300 or half the monthly rent, whichever is greater, up to a maximum of one month’s rent.19Missouri Revisor of Statutes. Missouri Code 441.234 – Tenant May Repair and Deduct From Rent, When, Conditions