The eviction process in Missouri runs through the circuit court and usually takes one to three months. A landlord picks one of two case types depending on the reason for eviction, serves the tenant with a court summons, wins a judgment, and then has the sheriff remove the tenant if they still refuse to leave. Skipping a step or serving the papers incorrectly can get the case dismissed, so the sequence matters.
Pick the Right Type of Case
Missouri splits evictions into two separate court actions, and filing the wrong one is a common early mistake.
A Rent and Possession action under Chapter 535 is the path when the tenant has not paid rent. State law lets a landlord file as soon as rent is late, with no statutory waiting period or cure notice.1Missouri Revisor of Statutes. Missouri Code 535.010 – If Rent Be Not Paid as Agreed, Landlord May Recover Possession, How This is the faster track and the one most landlords use.
An Unlawful Detainer action under Chapter 534 covers everything else: a tenant who stays after the lease expires, an employee who stays in employer-provided housing after being let go, or someone who took possession without permission and refuses a written demand to leave. The landlord must make that written demand for possession before filing the suit.2Missouri Revisor of Statutes. Missouri Code 534.030 – Unlawful Detainer Defined, Foreclosure, Notice to Tenants, Procedure
Notices You Owe Before Filing
What you have to send the tenant before heading to court depends on the reason.
- Unpaid rent. Missouri does not require a formal pay-or-quit notice. Once rent is past due, the landlord can go straight to court. If the lease itself provides a grace period or notice, follow it, because ignoring your own lease hands the tenant a defense.
- Illegal activity on the premises. If the tenant uses the property for controlled substance distribution, illegal gambling, or similar purposes under RSMo 441.020, the landlord must give a 10-day written notice to vacate before filing.3Missouri Revisor of Statutes. Missouri Code 441.040 – Landlord May Take Possession, When
- Other lease violations. State law does not require a notice to quit for lease violations unless the lease itself requires one. If the lease gives the tenant a right to cure, honor it and send the written notice the lease specifies.4Justia. Missouri Code Chapter 441 – Landlord and Tenant
- Month-to-month tenancy with no breach. Either side can end a month-to-month tenancy with written notice stating it will end on a rent-due date at least one month after the other party receives the notice.5Missouri Revisor of Statutes. Missouri Code 441.060 – Tenancy at Will, Sufferance, Month to Month, How Terminated
A good written notice names the property address, describes the problem clearly, states the exact amount owed if rent is at issue, and gives a termination date where one applies. Vague notices invite challenges.
Filing the Petition
The landlord files either a Petition for Rent and Possession or a Petition for Unlawful Detainer with the Circuit Court Clerk in the county where the property sits. Standardized forms are available through the Missouri Courts website, though local clerks may have their own versions.6Missouri Courts. Court Forms
Name every adult occupant of the unit in the petition. Leaving someone off means the judgment may not reach that person, and they can argue they have a right to stay. Include the exact amount of unpaid rent and other charges, the property address, the lease dates, and a demand for possession. Filing fees vary by county. St. Louis County, for example, charges $53.50 for the case filing plus $46 per defendant for sheriff service. Call the circuit clerk’s office in your county for the current numbers.
Serving the Summons
Once the clerk accepts the petition, they issue a summons that must reach the tenant at least four days before the court date.7Missouri Revisor of Statutes. Missouri Code 535.030 – Service of Summons, Court Date Included in Summons
A sheriff or process server can hand-deliver the summons. If personal delivery fails, the statute also allows service by posting a copy in a visible spot on the property and mailing another copy to the tenant’s last known address, but this method requires at least 10 days before the court date. The landlord or any agent at least 18 years old can serve by the posting-and-mailing method.7Missouri Revisor of Statutes. Missouri Code 535.030 – Service of Summons, Court Date Included in Summons
Botched service is one of the fastest ways to lose an eviction case. If the tenant can show they never received proper notice, the court has no authority to proceed.
The Hearing
Both sides appear before a judge on the return date listed in the summons. In a straightforward nonpayment case where the tenant does not show up, the judge usually enters a default judgment awarding possession and the unpaid rent. If the tenant appears and disputes the claim, the judge may schedule a full trial.
Tenants can raise defenses. The most common are improper notice, failure to maintain habitable conditions, and retaliation for complaints about the property. A tenant who can show the eviction was filed in response to a legitimate housing complaint has a viable defense. Tenants can also file counterclaims tied to the landlord’s failure to maintain the property.
If the court rules for the landlord, the judgment typically covers possession and a money judgment for unpaid rent. Attorney fees get added if the lease provides for them.
Tenants Can Pay to Stop a Rent Case
In a rent and possession case, the tenant has a strong escape hatch. Paying all back rent plus court costs on the day the money judgment is entered stops the eviction entirely. Even after that date but before the judgment becomes final, paying the full money judgment and costs will stay the order for possession, though the landlord can still appeal the money judgment itself.8Missouri Revisor of Statutes. Missouri Code 535.160 – Demand of Rent Good, When
A tenant who scrapes together the money at the last minute can effectively reset the clock. The statute is clear, and a landlord who refuses a proper tender risks losing the case.
Appeal and Bond
Eviction cases decided by an associate circuit judge can be appealed through a trial de novo, meaning a brand-new trial in front of a circuit judge. The losing party has 10 days from the judgment to file.9Missouri Revisor of Statutes. Missouri Code 512.190 – Perfecting Right of Trial De Novo, How
Filing the appeal does not pause the eviction on its own. To stop execution during the appeal, the tenant must post a bond with the associate circuit judge, large enough to cover the judgment and costs, with at least one solvent surety the judge approves. Without that bond, the landlord can keep moving toward removal.9Missouri Revisor of Statutes. Missouri Code 512.190 – Perfecting Right of Trial De Novo, How
Writ of Possession and Removal
Once the judgment is final and no bond has been posted, the landlord asks the circuit clerk for a Writ of Possession (sometimes called a Writ of Execution for Restitution of Possession). The writ orders the sheriff to physically return the property to the landlord.
After the sheriff gets the writ, deputies post a notice on the property giving the tenant a date and time to leave. Timelines vary by county. In Boone County, deputies have five business days from receiving the order to complete the eviction.10Boone County Sheriff’s Office. Civil Process Unit If the tenant still refuses to leave, the sheriff returns to remove them.
If the sheriff’s office does not execute the writ within seven days, Missouri law gives the landlord a backup. The landlord can personally take possession within 60 days of the judgment, but only in the presence of a local law enforcement officer, without a breach of the peace, and only after showing the officer the judgment and execution order. The officer signs a written acknowledgment, and the landlord has five days to file it with the court.5Missouri Revisor of Statutes. Missouri Code 441.060 – Tenancy at Will, Sufferance, Month to Month, How Terminated
Self-Help Eviction Is Illegal
Missouri is unambiguous: no one may take possession of property except through lawful means and in a peaceable manner.11Missouri Revisor of Statutes. Missouri Code 534.010 – Entry, How Made A landlord who changes the locks, removes the front door, shuts off utilities, or hauls a tenant’s belongings to the curb without a court order is committing a forcible entry or detainer. The tenant can sue, and courts often award damages. Even after winning a judgment, the landlord cannot remove the tenant alone unless the law enforcement procedure above is followed to the letter.
After the Eviction
Once the tenancy ends, the landlord has 30 days to return the security deposit or send the former tenant a written itemized list of deductions along with any balance.12Missouri Revisor of Statutes. Missouri Code 535.300 – Tenants Right to Damages, Security Deposit Defined Allowed deductions include unpaid rent, damage beyond normal wear and tear, and actual damages from the tenant’s failure to give proper notice before leaving. Wrongful withholding exposes the landlord to double the amount that should have been returned, so document the condition of the unit carefully. A tenant who loses the eviction can still win a deposit dispute if the deductions are unsupported.
For belongings left behind after a court-ordered eviction, the landlord has no liability once possession is lawfully taken, as long as the removal followed the statutory procedure with a law enforcement officer present.5Missouri Revisor of Statutes. Missouri Code 441.060 – Tenancy at Will, Sufferance, Month to Month, How Terminated A different procedure applies when a tenant appears to have abandoned the unit without going through eviction: that path requires rent unpaid for at least 30 days, a written abandonment notice posted and mailed by first-class and certified mail, and a 10-day waiting period before the landlord can dispose of what is left.13Missouri Revisor of Statutes. Missouri Code 441.065 – Abandonment of Rental Premises, Property Removal