How to Complete and File a Missouri Unlawful Detainer Petition

To file a Missouri unlawful detainer petition, deliver a written demand for the occupant to leave, complete your circuit court’s sworn petition under Chapter 534 of the Revised Statutes of Missouri, file it with the circuit clerk in the county where the property is located, and arrange for the sheriff to serve the summons. An associate circuit judge then hears the case, usually within three weeks of filing. The process moves faster than a standard civil suit because it decides only one question: who has the immediate right to possession.

When Unlawful Detainer Is the Right Action

RSMo 534.030 defines unlawful detainer to cover four common situations: a tenant who holds over after the lease ends, an occupant who stays after a foreclosure sale once proper notice is given, a worker who remains in employment-related housing after the job ends, and anyone who took peaceful possession and then refused a written demand to leave.¹ The thread tying them together is that the occupant’s original right to be there has ended, but they remain.

Because this proceeding decides only possession, if ownership itself is genuinely in dispute, you need a different kind of action. And if the person on your property never had any permission or lease to begin with, Missouri has a separate, faster procedure under RSMo 534.602 using its own petition form; the petition described here is for holdover tenants and other occupants who once had a right to be on the property.

Deliver a Written Demand Before You File

For occupants who took possession peaceably, RSMo 534.030 requires the owner, agent, or attorney to make a written demand for possession, and the occupant must refuse or fail to vacate after receiving it.¹ You cannot file the petition without this step.

For a holdover tenant whose lease has expired, the statute does not strictly require a separate demand because the lease termination itself ends the right of possession. Most Missouri landlords still send a written notice to quit, because it creates a clear paper trail and removes any argument that the tenant did not know the lease was over. Keep a copy of whatever you deliver; you will need it later.

Foreclosures have their own notice rules. The new owner must give written notice that the sale occurred, by certified or registered mail if the occupant’s name is known, or by regular mail addressed to “occupant” if not, with a copy posted on the door. No unlawful detainer action can start until at least ten business days after that notice.¹

Document how and when you delivered the demand. For hand delivery, use a witness or get a signed acknowledgment. For mailed delivery, keep the certified mail receipt and tracking information. Proof of service on the demand is one of the first things the court looks for.

If the property participates in a federal housing program or carries a federally backed mortgage, Section 4024 of the CARES Act requires 30 days’ notice before you file for nonpayment of rent, on top of any state-law notice. Covered properties include those with FHA, VA, USDA, Fannie Mae, or Freddie Mac loans, and those in Section 8 and other federally assisted housing. The notice can go out on the day rent is due, but you cannot file until 30 days later.

Get the Right Form From Your Circuit

Missouri has no statewide unlawful detainer petition. Each circuit court may use its own version, so start with the circuit clerk’s office in the county where the property sits. Many circuits post their forms online under titles like “Affidavit and Petition in Unlawful Detainer” or “Petition for Rent and Possession.” The Missouri Courts website at courts.mo.gov lists contact information for every circuit.

Some circuits, including St. Louis County, have a downloadable petition specifically for unlawful detainer. Others combine rent-and-possession and unlawful detainer actions on a single form. If you cannot find a form online, call the clerk and ask for the correct petition for an unlawful detainer under Chapter 534. The clerk cannot give legal advice, but they can hand you the right paperwork.

Complete the Petition

RSMo 534.070 sets the required contents. The complaint must be in writing, signed by the owner (or agent or attorney), sworn to, and must specify the property that was unlawfully detained, by whom, and when.² On the form itself, that becomes several sections.

Enter your full legal name as plaintiff, or the entity name if the property is owned by an LLC or trust, and list every co-owner. For defendants, use the full legal name of every adult you want removed; vague descriptions make enforcement harder, and anyone not named is not bound by the judgment. Describe the property precisely, with the street address at minimum and the legal description from the deed if your circuit’s form asks for it. If multiple units exist, identify the specific unit.

State which category of unlawful detainer applies: holdover after lease expiration, refusal to leave after written demand, retention after foreclosure, or holdover after employment-related housing ended. Give the date the right to occupy ended and the date you delivered the written demand.

If you are claiming unpaid rent or other losses, state the amounts and the monthly fair rental value. That rental figure matters later, because under RSMo 534.330 the court doubles both the assessed damages and the monthly rent-and-profits rate when it enters judgment.³

Verify the Petition Before You File

The petition must be sworn to under RSMo 534.070.² Most forms include a verification block for a notary; some circuits allow signing under penalty of perjury. Have it notarized before you arrive at the clerk’s office. Banks, UPS stores, and the clerk’s office itself can usually notarize.

Documents to Have Ready

The petition is the only document you actually file, but bring the rest to the hearing:

A copy of the written demand for possession.
Proof of delivery: certified mail receipt and tracking, a signed acknowledgment, or an affidavit from whoever hand-delivered it.
The lease, if one exists, showing original terms and expiration date.
The deed or other proof of ownership.
A rent ledger or payment records, if you are claiming unpaid rent.

Judges continue cases when a basic element cannot be proven, and continuances cost weeks.

File With the Circuit Clerk

File the verified petition with the circuit clerk in the county where the property is located. RSMo 534.060 provides that unlawful detainer cases are heard by an associate circuit judge in that county, though local rules may assign cases to specific judges or require centralized filing.⁴

Filing fees vary by county. Among circuits with published fee schedules, associate-level filing fees for rent-and-possession or unlawful detainer cases run roughly $33 to $50: Clay County charges $33.50, and Lawrence County charges $48.50.⁵ Call your clerk for the exact amount. Most accept cash, check, or money order; some accept credit cards.

Missouri attorneys in good standing must use the Missouri Electronic Filing System. If you are representing yourself, you can file paper documents at the courthouse counter.⁶

Serve the Summons

After you file, the clerk issues a summons that includes the court date. Getting it to the defendant is your responsibility; the clerk does not serve it. Take the paperwork to the sheriff’s office or hire a court-appointed process server.

Sheriff service fees run roughly $30 to $60 per defendant. Andrew County charges $30 per paper plus a $15 mileage fee (rising to $50 total in mid-2025).⁷ Boone County charges $60 for a rent-and-possession summons.⁸ You pay per person served.

For personal service, the summons must reach the defendant at least four days before the court date. The court date itself is set no more than 21 business days from the date the summons is issued.⁹ If the sheriff cannot locate the defendant, you can request an alias summons served by posting a copy conspicuously on the dwelling and mailing one to the last known address, but that method needs at least ten business days before the court date.

Military Status Affidavit for a Default

If the defendant does not appear and you want a default judgment, federal law requires an affidavit about the defendant’s military status before the court can enter judgment. Under 50 U.S.C. § 3931, the affidavit must state whether the defendant is in the military or that you were unable to determine their status.¹⁰ You can check through the Department of Defense Manpower Data Center’s online lookup. Skipping this affidavit is one of the most common reasons default judgments get delayed or denied.

The Hearing

Missouri unlawful detainer cases are decided by the judge unless a party makes a timely request for a jury. RSMo 534.160 preserves that right, following the same procedures as other civil cases.¹¹ Most are tried to the bench.

You need to establish three things: your legal right to possession, the end of the defendant’s right to occupy, and the defendant’s continued presence on the property. Bring your lease, deed, written demand, and proof of delivery. If the defendant claims an oral renewal or extension of a written lease, Missouri law bars oral testimony to prove it; any renewal must be in writing.

If you are also seeking unpaid rent, present your ledger and your math. The judge or jury determines the damages amount and the monthly fair rental value, and under RSMo 534.330 the judgment doubles both: double the assessed damages, plus double the monthly rent-and-profits rate running from the judgment date until the defendant leaves.³

After Judgment

A judgment for the owner orders restitution of the premises. The court must transmit a copy of the judgment to the local law enforcement agency with jurisdiction within two business days after it becomes final.³ The sheriff or marshal then handles the physical removal if the defendant does not leave on their own. Expect one to three weeks from judgment to removal, depending on the sheriff’s caseload.

An appeal does not automatically stop the eviction. Under RSMo 535.110, execution is stayed only if the defendant posts an appeal bond within ten days of the judgment covering all damages, costs, and rent then due, and continues paying rent into the court within ten days of each due date while the appeal is pending.¹² Miss the bond or a payment, and the stay dissolves.

If the defendant leaves belongings behind, be careful. RSMo 441.065 lets a landlord dispose of property without liability once premises are deemed abandoned, which requires rent unpaid for 30 days, a reasonable belief the tenant has left, and a written notice posted on the premises and mailed giving the tenant ten days to respond.¹³ A court-ordered eviction is not voluntary abandonment, so the safer course is to follow the same notice-and-wait procedure before disposing of anything that looks valuable. Throwing out a tenant’s belongings the same day the sheriff executes the writ invites a separate claim.

The Doubled Judgment

The financial teeth of the statute are in RSMo 534.330’s mandatory doubling. When judgment is entered for the owner, the court doubles the assessed damages and doubles the monthly rental value running from the judgment date until the defendant is out.³ It is not discretionary.

To make the most of it, come to the hearing with clean numbers: your monthly rental rate, the exact date the occupant’s right to possession ended, and any unpaid rent through the hearing date. Vague damage claims get reduced, and doubling a reduced number is small comfort.

Mistakes That Delay the Case

Most unlawful detainer cases that stall do so for avoidable reasons. The recurring ones:

No written demand before filing. For occupants who took possession peaceably, this is a statutory prerequisite, and filing without one means dismissal and starting over.
An unverified petition. Forgetting the notarization. The clerk may catch it at the counter; the judge will catch it at the hearing.
Wrong or missing defendant names. Anyone not named is not bound by the judgment, so you can end up with an order that removes one adult while another stays.
Late or defective service. Personal service must happen at least four days before the court date; three days out means a continuance.
No military status affidavit on a default. The court cannot proceed without it.
No proof of ownership. Bring the deed.

Each of these costs at least a few weeks. The doubled rent-and-profits figure only starts running after a judgment in your favor, so a dismissal means you collect nothing for the time lost.

1
Missouri Revisor of Statutes. Missouri Code 534.030 – Unlawful Detainer Defined – Foreclosure, Notice to Tenants, Procedure
2
Missouri Revisor of Statutes. Missouri Code 534.070 – Complaint and Summons – Court Date Assigned, When
3
Missouri Revisor of Statutes. Missouri Code 534.330 – Judgment on Verdict for Complainant
4
Missouri Revisor of Statutes. Missouri Code 534.060 – Before Whom Cognizable – Centralized Filing – Assignment of Cases
5
Lawrence County Missouri Circuit Clerk. Fees/Costs
6
7th Judicial Circuit Court, Clay County, Missouri. eFiling in Clay County
7
Andrew County Sheriff’s Office. Civil Process
8
Boone County Sheriff’s Office. Civil Process Unit
9
Missouri Revisor of Statutes. Missouri Code 535.030 – Service of Summons – Court Date Included in Summons
10
Office of the Law Revision Counsel. 50 USC 3931 – Protection of Servicemembers Against Default Judgments
11
Missouri Revisor of Statutes. Missouri Revised Statutes 534.160 – Demand for Trial by Jury
12
Missouri Revisor of Statutes. Missouri Code 535.110 – Application for Trial De Novo or Appeal – Bond Required to Stay Execution
13
Missouri Revisor of Statutes. Missouri Code 441.065 – Tenancy at Will, Sufferance, Month to Month, How Terminated