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What is the eviction process in Missouri?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

Missouri eviction follows two main procedures: a "rent and possession" action under Chapter 535 (for nonpayment) or an "unlawful detainer" action under Chapter 534 (for holdover or breach).

1. Notice

  • Nonpayment (Rent and Possession action): No statutory pre-suit notice required (Mo. Rev. Stat. § 535.020). Many landlords give a courtesy notice, but it is not a legal requirement.
  • Lease violation: 10-day notice to cure is the common-law and lease-typical notice; some leases require 30 days.
  • Drug-related criminal activity: 10-day notice (§ 441.770).
  • Month-to-month termination: 1-month notice (Mo. Rev. Stat. § 441.060).
  • Year-to-year termination: 2-month notice (§ 441.050).

    • 2. Filing the Action

    Landlord files a petition in Associate Circuit Court of the county where the property sits. Filing fee is approximately $45-$85 plus $30-$50 sheriff service.

    3. Service and Trial Date

    Tenant must be served at least 4 days before trial. Trial is typically set 20-30 days after filing.

    4. Trial

    Bench trial before an associate circuit judge. Either party may demand a jury. Tenant may pay all rent, court costs, and interest at trial to dismiss a rent and possession case (§ 535.160) — known as the "tender" defense.

    5. Judgment and Execution

    If landlord wins, judgment is entered. Execution (writ of possession) does not issue until the 10-day appeal period runs (§ 512.180). Either party may appeal de novo to circuit court within 10 days (rent and possession) or 10 days (unlawful detainer).

    6. Sheriff Set-Out

    Sheriff serves the writ and conducts the set-out, removing tenant and personal belongings.

    7. Tenant Defenses

    Warranty of habitability with rent abatement (King v. Moorehead), retaliation (limited under Missouri law), tender of rent (§ 535.160), illegal lockout (§ 441.233 — civil penalties), security deposit violations (§ 535.300), and improper notice.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • You want to use the tender defense at trial
    • You face an unlawful detainer trial with double-damages exposure
    • Landlord changed locks without court order
    Related Statutes & Laws
    • Mo. Rev. Stat. § 535.020
    • Mo. Rev. Stat. § 535.160
    • Mo. Rev. Stat. § 441.060
    • Mo. Rev. Stat. § 441.233

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.