To evict a family member in Missouri, you have to treat them as a tenant under state law even if they never signed a lease or paid rent. That means written notice, a lawsuit in the circuit court where the property sits, a judgment from the judge, and a sheriff’s execution to physically remove them. You cannot change the locks, cut off utilities, or move their belongings out on your own. Missouri statute 441.233 makes that a crime, and a family member who is illegally locked out can sue you for damages.1Missouri Revisor of Statutes. Missouri Code 441.233 – Removal or Exclusion of Tenant Without Court Order
The process usually runs six to ten weeks when done right. Most of the delays that stretch it out come from a defective notice or picking the wrong kind of lawsuit, so the first two steps matter more than they look.
Figure Out What Kind of Occupant They Are
Missouri law sorts your family member into one of a few categories, and the category controls the notice you owe them and the case you file.
If they pay you rent on any regular schedule, they are a month-to-month tenant, whether or not you ever wrote anything down. Missouri automatically classifies unwritten agreements to rent a dwelling in a city, town, or village as month-to-month.2Missouri Revisor of Statutes. Missouri Revised Statutes 441.060 – Tenancy at Will, Sufferance, Month to Month, How Terminated
If they pay nothing and live there only because you allow it, they are a tenant at will. Either side can end the arrangement with proper written notice.
If they moved in without permission, or you told them to leave and they refused, they are holding over unlawfully. The court process is still required, but the legal theory behind your suit shifts.
Getting the classification wrong is the single most common reason a family eviction stalls at the courthouse.
Give Written Notice to Vacate
Missouri requires one month’s written notice to end a month-to-month tenancy, and the statute is exact: the termination date has to fall on a rent-paying date, and the notice must reach the tenant at least one full month before that date.2Missouri Revisor of Statutes. Missouri Revised Statutes 441.060 – Tenancy at Will, Sufferance, Month to Month, How Terminated If rent is due the first of the month and you hand over the notice on June 10, the earliest termination date is August 1, not July 10.
For a tenant at will who pays no rent, there is no rent-paying date to anchor to, but give at least one month in writing anyway. Courts expect reasonable notice even in informal arrangements, and skipping it hands the other side an easy delay argument.
The notice should include:
- The full name of the person being asked to leave
- The street address of the property
- A clear statement that the tenancy or permission to occupy is ending
- The specific date by which they must be out
Hand-deliver the notice if you can. Keep a copy, write down the date and method of delivery, and bring a witness if possible. Judges look hard at whether the notice was properly given, and a gap in your proof is the fastest way to lose at trial. One more warning: if you accept rent after issuing the notice, you can reset the tenancy and have to start over.
Pick the Right Lawsuit
If your family member doesn’t leave by the date on the notice, you file suit. Missouri has two main eviction actions.
Unlawful Detainer
This is the right action when someone stays after their legal right to be there ends, or wrongfully keeps possession after a written demand to leave is refused.3Missouri Revisor of Statutes. Missouri Code 534.030 – Unlawful Detainer Defined It fits most family situations where no rent was ever paid, or where a paying tenant got a proper notice and ignored it.
Rent and Possession
This is the right action when a tenant has failed to pay agreed-upon rent. The statute lets you recover both the property and the unpaid rent in a single case.4Missouri Revisor of Statutes. Missouri Code 535.010 – Landlord May Recover Possession
Filing under the wrong chapter can trigger a motion to dismiss and send you back to start. When no rent was ever paid, unlawful detainer is usually the safer path.
File and Serve the Case
Go to the circuit court clerk in the county where the property sits. Bring your name and address, your family member’s name and address, a copy of the written notice, and any proof of delivery: a witness statement, a photo of the posted notice, or a mailing receipt. The clerk gives you the petition form and a summons.
Fees vary by county. A landlord-tenant or rent-and-possession filing at the associate circuit level runs around $48.50 in many counties, with an extra fee for the sheriff to serve the papers. Budget roughly $50 to $120 for filing and service combined; some counties charge more.
Once filed, the summons and petition have to be formally served on your family member. In a rent-and-possession case, the summons must be served at least four days before the court date, and the hearing has to be within twenty-one business days of when the summons is issued. If personal service fails because the defendant cannot be found, the court allows posting a copy on the dwelling and mailing another copy to the last known address at least ten days before the court date.5Missouri Revisor of Statutes. Missouri Revised Statutes 535.030 – Service of Summons The county sheriff or a court-approved process server handles service. You don’t.
The Court Hearing
Both sides appear before a judge. You need to show that you own or have the legal right to the property, that you gave proper written notice, and that the family member stayed past the notice period. Bring the original notice, your proof of delivery, and anything else that documents the arrangement: text messages, rent records, photos.
Your family member can raise defenses. The common ones in family cases are that the notice was defective (wrong date, wrong name, never actually received), that you accepted rent after issuing the notice, or that the eviction is retaliatory. If the judge finds the notice was flawed, the case is typically dismissed without prejudice. You can refile after fixing the problem, but you lose weeks.
If you win, the court enters a judgment for possession. In an unlawful detainer case, the judgment can also include damages for waste or injury to the property, plus the rental value for the period of wrongful occupancy.6Missouri Revisor of Statutes. Missouri Code 534.310 – Verdict for Complainant In a rent-and-possession case, the judgment can include unpaid rent plus court costs.7Missouri Revisor of Statutes. Missouri Code 535.040 – Upon Return of Summons, Cause to Be Heard
Sheriff Enforcement
A judgment by itself doesn’t get anyone out. If your family member won’t leave voluntarily, the court has to issue an execution ordering law enforcement to remove them and put you back in possession.
In rent-and-possession cases, the judge issues the execution at the time of judgment, and the officer must deliver possession within five days of receiving it.7Missouri Revisor of Statutes. Missouri Code 535.040 – Upon Return of Summons, Cause to Be Heard In unlawful detainer cases, the court must transmit the judgment to the law enforcement agency with jurisdiction within two business days after the judgment becomes final.8Missouri Revisor of Statutes. Missouri Code 534.330 – Verdict for Complainant, Judgment
The sheriff comes to the property, supervises the removal, and restores you to possession. If belongings are left behind, they can be removed during this process. Missouri shields the landlord from liability for loss or damage to personal property left behind after a court-ordered execution, except for willful or wanton misconduct.7Missouri Revisor of Statutes. Missouri Code 535.040 – Upon Return of Summons, Cause to Be Heard
Wait for the sheriff. Until the execution is served, the family member has a legal right to remain.
What You Cannot Do Yourself
Missouri statute 441.233 is blunt. A landlord who removes or excludes a tenant, or their belongings, without a court order is guilty of forcible entry and detainer. The same goes for removing doors or locks. Deliberately shutting off electricity, gas, water, or sewer to pressure someone out also violates the statute unless the interruption is for a genuine health or safety reason.1Missouri Revisor of Statutes. Missouri Code 441.233 – Removal or Exclusion of Tenant Without Court Order
The consequences run past criminal liability. A family member who is illegally locked out can sue you for the cost of temporary housing, lost or damaged property, and potentially emotional distress. Even when the family member is clearly in the wrong, there is no emergency exception for bad behavior short of a genuine safety threat, and even then the answer is a police call or a protective order, not a lockout.
If Your Family Member Is on Active Military Duty
Federal law adds a layer here. The Servicemembers Civil Relief Act bars evicting a servicemember or their dependents from a residence without a court order when the monthly rent falls below a threshold that the Department of Defense adjusts each year. The base statutory amount is $2,400 (set in 2003) and rises annually with housing-price inflation.9Office of the Law Revision Counsel. 50 USC 3951 – Evictions and Distress
If the servicemember’s ability to pay rent has been materially affected by military service, the court must grant a stay of at least 90 days on request, and can adjust the lease terms. Knowingly evicting a protected servicemember in violation of the SCRA is a federal misdemeanor punishable by up to one year in prison.9Office of the Law Revision Counsel. 50 USC 3951 – Evictions and Distress Protections extend to spouses, children, and others who received more than half their support from the servicemember in the prior 180 days.10Department of Justice. Financial and Housing Rights
Realistic Timeline
A straightforward family eviction in Missouri usually takes six to ten weeks:
- Notice period: one month minimum from receipt to the termination date.
- Filing and service: a few days to file the petition and have the sheriff serve the summons.
- Hearing: up to 21 business days from when the summons is issued in a rent-and-possession case. Continuances and contested hearings can push it further.
- Execution: in a rent-and-possession case, the sheriff must act within five days of receiving the execution order.
Mistakes in the notice are the top reason evictions restart from zero. Wrong termination date, no proof of delivery, or rent accepted after the notice will all send you back. Taking a day to get the notice right saves weeks later. And if the household situation is volatile enough that you’re worried about safety while the case is pending, a protective order is a separate court process that can run in parallel.