Updated February 23, 2024
A Missouri eviction notice is a legal document used to inform a tenant of their breach of a lease contract. The notice includes a full description of the lease infraction and the time to correct the issue. If the tenant does not adhere to the landlord’s claims, they can be subject to an eviction lawsuit.
By Type (3)
Notice to Quit (Non-Payment) – This notice is also called a “Demand for Rent” and can be issued when rent is late. If the tenant does not pay after the demand is delivered, the landlord can proceed to court.
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10-Day Notice to Quit (Non-Compliance) – This form is used when a tenant is breaching the terms of the lease other than by not paying rent. The tenant will have ten days to cure the breach or will have to vacate.
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30-Day Notice to Quit (Month-to-Month Tenancy) – This form is used to provide a party notice that they intend to end the month-to-month tenancy at the end of thirty days.
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Prohibited Landlord Actions
Utility Shutoff – It is against the law for a landlord to willfully interrupt essential services for a tenant, including but not limited to electric, gas, water, and sewer services.[6]
Changing the Locks – A landlord is legally prohibited from removing or excluding a tenant by removing doors or locks to the premises.[7]
Court Forms
Landlord’s Petition for Rent and Possession, Motion for Order to Post, and Judgment – The landlord will need to fill out and file these forms with their circuit court to begin an eviction action against a tenant.
The Petition is used to begin the eviction action and states the landlord’s justification. The Motion for Order to Post formally enacts that the tenant will be served the Petition. Once a verdict has been reached, it will be recorded in the Judgment form.
If the landlord prevails, the court will issue a judgment in favor of the landlord. The tenant will have 10 days to appeal, after which the landlord may apply for a writ of possession. Each county has its own forms. Here is an example of a Request for Writ of Execution from Jackson County.
How to Evict a Tenant (3 steps)
1. Provide Eviction Notice to Tenant
First, a landlord must provide the proper notice to the tenant of his or her intention to seek eviction if the tenant does not comply. In Missouri, if rent is late, a Demand for Rent (Notice to Quit) is required before going to court.
If there is a breach of some other term of the lease, other than for non-payment of rent, the landlord may use this form: 10-Day Notice to Quit (Non-Compliance). If the landlord or tenant is seeking to end a month-to-month tenancy, use this form: 30-Day Notice to Quit (Month to Month).
2. File Petition with Circuit Court
If the tenant fails to respond to the landlord’s notices, the landlord may proceed with a Petition for Rent and Possession in Circuit Court. The petition must be served on the tenant either by a private process server, or the landlord can make a Motion for the court to serve the tenant. If the landlord seeks to remove a tenant for another breach, he or she must file an unlawful detainer action.
Filing fees vary by county. For example:
3. Receive Court Judgment
If the landlord prevails, the court will issue a judgment in favor of the landlord. The tenant will have 10 days to appeal, after which the landlord may apply for a writ of possession. Each county has its own forms. Here is an example of a Request for Writ of Execution from Jackson County.
Sources
- Mo. Rev. Stat. § 535-010
- Mo. Rev. Stat. § 441.040
- Mo. Rev. Stat. § 441.020
- Mo. Rev. Stat. § 441.060(3)
- Chapter 535 (Landlord-Tenant Actions)
- Mo. Rev. Stat. § 441.233(2)
- Mo. Rev. Stat. § 441.233(1)
- St. Louis County Courts – Schedule of Deposits and Fees
- 16th Circuit Court – Fees and Filing Deposits
- 11th Judicial Circuit Court – Fee Schedule