Missouri Statewide Rule
Missouri Eviction Notice and Process
Key Facts
- Nonpayment path
- Rent-and-possession: demand rent, then verified statement (RSMo 535.010, 535.020)
- Termination notice for nonpayment
- RSMo 441.060 notice not required before filing (RSMo 535.020)
- For-cause notice
- Ten days to vacate for unlawful/prohibited use (RSMo 441.040)
- Holdover / wrongful occupant
- Unlawful detainer under Chapter 534
- Process
- Court action with summons; no lawful self-help eviction
Summary
Missouri uses two main paths. For nonpayment, the rent-and-possession action (RSMo 535.010 et seq.) requires the landlord to demand the rent, then file a verified statement asking the court to issue a summons. For lease violations involving unlawful or hazardous use, RSMo 441.040 requires ten days' notice to vacate before re-entry.
535.020. Procedure to recover possession — filing of statement — issuance of summons — procedure. — Whenever any rent has become due and payable, and payment has been demanded by the landlord or the landlord's agent from the lessee or person occupying the premises, and payment thereof has not been made, the landlord or agent may file a statement, verified by affidavit, with any associate circuit judge in the county in which the property is situated, setting forth the terms on which such property was rented, and the amount of rent actually due to such landlord; that the rent has been demanded from the tenant, lessee or person occupying the premises, and that payment has not been made, and substantially describing the property rented or leased. Giving the notice provided in section 441.060 is not required prior to filing a statement or obtaining the relief provided in this chapter. In such case, the clerk of the court shall immediately issue a summons directed to such tenant or lessee and to all persons occupying the premises, by name, requiring them to appear before the judge upon a day to be therein named, and show cause why possession of the property should not be restored to the plaintiff. The landlord or agent may, in such an action for unpaid rent, join a claim for any other unpaid sums, other than property damages, regardless of how denominated or defined in the lease, to be paid by or on behalf of a tenant to a landlord for any purpose set forth in the lease;
Full Breakdown
Missouri evictions go through the courts. In a rent-and-possession (nonpayment) case, RSMo 535.010 lets a landlord recover possession on default, and RSMo 535.020 requires filing "a statement, verified by affidavit" stating that "payment has been demanded... and payment thereof has not been made"; the clerk then issues a summons for the tenant to show cause. Notably, 535.020 states the section 441.060 notice "is not required prior to filing" a rent-and-possession action, so a separate termination notice is not a precondition for nonpayment suits. A landlord may instead use unlawful detainer (Chapter 534) against a holdover or wrongful occupant. For tenants who violate sections 441.020/441.030 (unlawful or prohibited use), RSMo 441.040 requires "ten days' notice to vacate the premises" before re-entry.
Violations & Penalties
No specific statutory penalty against landlords following the process; self-help lockouts are improper. A landlord proceeding without the required rent demand (nonpayment) or ten-day notice (for-cause under 441.040) risks dismissal of the action and continued tenant possession.
Frequently Asked Questions
How does a Missouri nonpayment eviction work?
When is a ten-day notice required in Missouri?
Can a Missouri landlord lock a tenant out without going to court?
Sources
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