The Eviction Process in Missouri

When evicting a tenant in Missouri, landlords must follow specific rules and procedures set forth by Missouri law; otherwise, the eviction might be kicked out of court. This article will explain the basic rules and procedures the landlord or property manager must follow.

Notice for Termination With Cause

For a landlord to evict a tenant before the tenant's lease or rental agreement has expired, the landlord must have a valid legal cause. The most common cause for eviction is failure to pay rent. However, the landlord can also evict the tenant for violating the lease or rental agreement or using the rental unit for illegal activities. To evict a tenant for one of these reasons, the landlord must first terminate the tenancy. This happens when the landlord gives the tenant notice. The type of notice required will depend on the reason for the eviction.

• Demand for Rent: If the tenant fails to pay rent when it is due, the landlord can give the tenant a demand for rent. This demand must inform the tenant that rent is due and that if the tenant does not pay it, then the landlord will terminate the rental agreement. If the tenant doesn't pay rent, the landlord can file an eviction lawsuit against the tenant. (Mo. Rev. Stat. § 535.060.)
• 10-Day Notice to Vacate: In some cases, the landlord can give the tenant a 10-day notice to vacate. This notice will inform the tenant that the tenant has 10 days to move out of the rental unit or the landlord will file an eviction lawsuit. The landlord is not required to give the tenant the opportunity to correct the offending behavior. The landlord can give the tenant a 10-day notice to vacate in the following situations:
  • lease violations
  • illegal activities, such as gambling, prostitution, or possession, sale, or distribution of illegal drugs
  • assigning or subletting the rental unit without consent, or
  • seriously damaging the rental unit or surrounding property.

The notice must state why the landlord is terminating the tenancy. If the tenant doesn't move out by the end of the 10 days, the landlord can file an eviction lawsuit. (Mo. Rev. Stat. §§ 441.020, 441.030, and 441.040.)

Notice for Termination Without Cause

A landlord must have cause to evict a tenant early. If the landlord doesn't have cause, the landlord must wait until the tenancy has expired before expecting the tenant to move.

Month-to-Month Rental Agreement

If the landlord wants to end a month-to-month tenancy, the landlord must provide the tenant with a written one-month notice, specifying the date by which the tenant needs to move. If the tenant doesn't move out by that date, the landlord can file an eviction lawsuit. (Mo. Rev. Stat. § 441.060.)

Fixed-Term Lease

If the landlord wants to end a fixed-term tenancy, such as a lease for one year, but doesn't have cause, the landlord must wait until the tenancy has expired. In Missouri, landlords do not have to give tenants a heads-up that the lease is expiring unless such notice is required by the lease. At the end of the tenancy, the landlord can expect the tenant to move.

Tenant Eviction Defenses

Even if a landlord has a valid legal cause to evict a tenant, the tenant may still choose to fight the eviction. The tenant could have a valid legal defense, such as the landlord discriminating against the tenant or the landlord failing to maintain the rental unit. Fighting the eviction could increase the costs of the eviction lawsuit for both the landlord and the tenant and increase the amount of time the tenant has to stay in the rental unit.

Removal of the Tenant

The only way a tenant can be removed from the rental unit is when a landlord wins an eviction lawsuit against the tenant. Even then, the landlord is not the one who actually removes the tenant. Only a law enforcement officer has that authority. Missouri law has made it illegal for the landlord to force the tenant out of the rental unit, and the tenant can sue the landlord for damages if the landlord tries.

After the tenant moves out of the rental unit, the landlord might find that the tenant has left behind personal property. Before the landlord can dispose of the property, the landlord must try to notify the tenant. The landlord must post a notice at the property and mail the notice to the tenant's last known address informing the tenant of the abandoned property and of the landlord's desire to dispose of it. The tenant will have 10 days to respond. If the tenant doesn't claim the property within 10 days, the landlord can dispose of it. (Mo. Rev. Stat. § 441.065.)

Rationale for the Rules

Landlords must carefully follow all the rules and procedures required by Missouri law when evicting a tenant; otherwise, the eviction might not be valid. Although these rules and procedures can seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.