Eviction Process In Missouri

Evicting a tenant in Missouri means following Rent and Possession action (nonpayment) / Unlawful Detainer action (holdover and other grounds) in Associate Circuit Court (Circuit Court) exactly, start to finish. Skipping a step, whether it's the notice period, how the tenant is served, or the lockout procedure, can restart the clock or expose a management company to liability. This guide walks through each step with the statute or court rule behind it.

Everything below is sourced to Missouri's own statutes and court self-help pages. Specific deadlines and dollar figures do change, so confirm the current text before you rely on a date in a live case.

Overview Of The Eviction Process

Missouri uses two separate summary possession actions: "rent and possession" under RSMo Chapter 535 for nonpayment, and "unlawful detainer" under RSMo Chapter 534 for holdover and other grounds, both filed with the associate circuit court.

• RSMo Chapter 535 ("Landlord-Tenant Actions") authorizes a rent-and-possession action, and RSMo Chapter 534 ("Forcible Entry and Detainer, Unlawful Detainer") authorizes a separate unlawful detainer action. (RSMo Ch. 535; RSMo Ch. 534)
• A rent-and-possession statement is filed with any associate circuit judge in the county in which the property is situated. (§ 535.020, RSMo)

Lawful Grounds For Eviction

Rent-and-possession covers nonpayment; unlawful detainer covers willful holdover after lease expiration, post-foreclosure holdover, holdover by an employee whose employment ended, and wrongful possession without force.

• When rent is not paid as agreed, the landlord may recover possession of the premises rented or leased. (§ 535.010, RSMo)
• Unlawful detainer includes willfully and without force holding over land or premises after the termination of the time for which they were let. (§ 534.030, RSMo)
• Unlawful detainer also covers continued occupancy after foreclosure once 10 business days have passed following written notice, occupancy tied to employment that has ended, and wrongfully obtaining and continuing possession without force (disseisin) after written demand to vacate. (§ 534.030, RSMo)

Notice Requirements

No statutory pre-filing notice is required for a rent-and-possession action; an unlawful detainer action requires at least 10 business days' notice to vacate.

• The notice otherwise required under § 441.060 is not required before filing a rent-and-possession statement or obtaining relief under Chapter 535. (§ 535.020, RSMo)
• An unlawful detainer action generally requires at least 10 business days' notice to vacate, and the action cannot begin within that 10-business-day period following notice. (§ 534.030, RSMo)

Filing The Case

A rent-and-possession case requires a verified statement filed with the associate circuit judge; an unlawful detainer case requires a complaint and summons under Chapter 534's centralized filing provision.

• The rent-and-possession statement must be a verified affidavit stating the terms on which the property was rented, the rent actually due, that rent was demanded, that payment was not made, and a description of the property. (§ 535.020, RSMo)
• Chapter 534 unlawful detainer actions proceed on a complaint and summons, with the complaint before whom the case is cognizable and a centralized filing provision. (§§ 534.060, 534.070, RSMo)

Serving The Tenant

Rent-and-possession summonses direct the tenant to appear and show cause on a date named in the summons; unlawful detainer summonses may be served by mail.

• The rent-and-possession summons directs the tenant to appear before the judge on a named day and show cause why possession should not be restored to the landlord. (§ 535.020, RSMo)
• An unlawful detainer summons may be served by mail, in addition to other methods of service. (§ 534.090, RSMo)

The Tenant's Response

In a rent-and-possession case, tenants may raise counterclaims for amounts owed under the lease, and the case otherwise proceeds under the Missouri Rules of Civil Procedure.

• A rent-and-possession case proceeds under the Missouri Rules of Civil Procedure, except where Chapter 535 provides otherwise. (§ 535.020, RSMo)
• A tenant in a nonpayment case may counterclaim for amounts recoverable under the rental agreement and may be required to deposit contested rent into court pending resolution. (§ 535.160, RSMo (table of contents entry: "Tender of rent and costs on judgment date, effect"))

Hearing And Judgment

Judgment restoring possession is entered under § 535.150 for rent-and-possession cases; for unlawful detainer, execution to restore possession generally cannot be levied until 10 days after judgment.

• RSMo § 535.150 provides for "judgment for recovery of demised premises" in a rent-and-possession action. (§ 535.150, RSMo)
• Execution for the purpose of restoring possession in an unlawful detainer case may not be issued sooner than 10 days after judgment, and is stayed pending appeal if the losing party posts an appeal bond. (§ 534.350, RSMo)

The Writ And Lockout

The court's execution/writ restoring possession is directed to the sheriff and, in unlawful detainer cases, cannot be levied until 10 days after judgment absent a stay.

• Chapter 534 provides for court orders directing the sheriff regarding restoration of possession after judgment. (§ 534.355, RSMo (table of contents entry: "Court orders to sheriff regarding possession"))
• Execution to restore possession in an unlawful detainer case may not be levied until 10 days after entry of judgment, absent the exception noted above. (§ 534.350, RSMo)

Prohibited Practices

Missouri bars landlord self-help: removing a tenant or property without judicial process, changing locks, or shutting off essential utilities, treating violations as forcible entry and detainer under Chapter 534.

• A landlord may not remove a tenant or the tenant's property from the premises, or cause the removal of doors or locks, without judicial process and a court order. (§ 441.233, RSMo)
• A landlord may not willfully diminish services to a tenant by interrupting essential services, including electric, gas, water, or sewer service, except for health or safety reasons. (§ 441.233, RSMo)
• A violation of these self-help prohibitions is treated as forcible entry and detainer under Chapter 534, carrying liability under that chapter. (§ 441.233, RSMo)

Eviction is the last step in a relationship that's already gone wrong. See our guide to Missouri property management laws and regulations for the licensing, disclosure, and trust-account rules that apply before it gets to this point.

Doing It By The Book

Self-help evictions, changing locks, removing doors, shutting off utilities, are illegal in every state and expose a management company to real liability regardless of how clear the nonpayment is. The court process exists because it's the only lawful way to remove a tenant, and skipping a step (a defective notice, bad service) is the single most common reason a case gets dismissed and restarted from day one.

This guide is a starting point for professional managers, not legal advice. For a specific case, a contested filing, or anything unusual, work with a Missouri attorney, and confirm the current text of any rule cited above with Associate Circuit Court (Circuit Court) or the Missouri legislature.

Sources

Every fact above is drawn from one of the official sources below.

• RSMo Ch. 535; RSMo Ch. 534, Missouri Revisor of Statutes
• § 535.020, RSMo, Missouri Revisor of Statutes
• § 535.010, RSMo, Missouri Revisor of Statutes
• § 534.030, RSMo, Missouri Revisor of Statutes
• §§ 534.060, 534.070, RSMo, Missouri Revisor of Statutes
• § 534.350, RSMo, Missouri Revisor of Statutes
• § 441.233, RSMo, Missouri Revisor of Statutes