What is the eviction process in Missouri?

1. Statutory Framework. Missouri has two eviction tracks: Rent and Possession (R.S.Mo. Ch. 535, §§ 535.020-535.300) for nonpayment, and Unlawful Detainer (R.S.Mo. Ch. 534, §§ 534.030-534.380) for holdover and lease breach.

2. Pre-Filing Notice. Rent and Possession requires a written demand for rent before filing (R.S.Mo. § 535.020); no fixed notice period (oral demand may suffice per case law). Unlawful Detainer for holdover requires an end-of-term/cause notice. Month-to-month termination requires one month's written notice (R.S.Mo. § 441.060); annual tenancies require 60 days.

3. Filing the Complaint. File in the associate circuit division of the circuit court where the property sits. Filing fee is approximately $36-$50.

4. Tenant Answer / Default. Tenant must appear on the return date (usually 14-30 days after service). No written answer required at first appearance; default judgment may issue if tenant fails to appear.

5. Hearing. Court conducts a summary trial. Tenant may pay all rent, interest, and costs to dismiss a rent and possession action (R.S.Mo. § 535.160). Defenses include implied warranty of habitability (King v. Moorehead, 495 S.W.2d 65), retaliation (R.S.Mo. § 441.880), and federal Fair Housing Act discrimination.

6. Writ of Possession. Judgment of possession allows execution after 10 days for rent and possession (R.S.Mo. § 535.110) or after the appeal period for unlawful detainer. Sheriff executes the writ.

7. Self-Help Prohibition. R.S.Mo. § 441.233 (and § 441.234 for utility shutoffs) make self-help eviction a Class C misdemeanor with civil damages of $300 to $3,000 plus actual damages and attorney's fees.

8. CARES Act. Federally-backed properties require a 30-day notice to vacate under 15 U.S.C. § 9058 prior to nonpayment filings.

9. Just-Cause. Missouri has no statewide just-cause and R.S.Mo. § 441.043 (St. Louis ordinance preemption history) limits municipal regulation.

This is legal information, not legal advice.