How to Evict a Tenant in Missouri (2026)
The legal steps for landlords in Missouri — the notice, the court case, costs, timeline and the mistakes that get cases thrown out — with the statute or official page behind each step.
Short answer: In Missouri a landlord must give the required written notice, file an eviction case in court if the tenant doesn't pay or leave, win a judgment, and have a sheriff or other officer carry out the removal. Changing the locks or removing belongings yourself is not allowed.
Step 1: Have a legal reason and give the right notice
| Unpaid rent | No fixed pay-or-quit notice period. Landlord must demand the rent; if it is unpaid, landlord may file a rent-and-possession statement. The one-month termination notice of 441.060 is not required before filing. Source: RSMo 535.020 |
|---|---|
| Lease violation | 10 days' notice to vacate for breach of a written lease condition, unauthorized assignment/sublet, or waste (violations of 441.030), and for illegal use under 441.020 (gambling, bawdyhouse, controlled substances). The statute provides no right to cure. Source: RSMo 441.030, 441.040, 441.020 |
| Ending a month-to-month tenancy (no fault) | Either landlord or tenant may terminate with written notice setting a termination date that falls on a periodic rent-paying date at least one month after the notice is received. Unwritten city/town residential leases are month-to-month. Source: RSMo 441.060.3-.4(1) |
Local rent-control or just-cause rules can limit evictions: Statewide preemption. Counties and cities, including charter governments, may not enact, maintain, or enforce ordinances regulating the rent charged for privately owned residential or commercial rental property. Exceptions: property the locality owns, voluntary agreements for subsidized properties, and CDBG-assisted properties.
Step 2: Write and deliver the notice correctly
| What the notice must say | No statutory pay-or-quit form or waiting period. Before filing a rent-and-possession case, the landlord (or agent) must demand the rent from the tenant or occupant; the demand is valid any time after the rent becomes due. The statute does not prescribe wording, a writing requirement, or a delivery method for the demand. The landlord's sworn statement to the court must set out the rental terms, the rent actually due, that rent was demanded and not paid, and a description of the property. The one-month termination notice of 441.060 is not required. Source: RSMo 535.020, 535.060 |
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| How it must be delivered | Termination notices must be in writing (month-to-month: written notice, effective on a rent day at least one month after receipt); the statute gives no delivery method and does not address email or text. If the owner/agent named for notices has only a P.O. box, notices can go by first-class mail. A foreclosure buyer's notice to tenants must go by certified/registered mail (regular mail to 'Occupant' if the name is unknown) and also be posted on the door. |
Notice forms:
- Missouri notice to pay rent or quit — requirements and free draft
- Missouri notice to end a month-to-month tenancy — requirements and free draft
Step 3: File the eviction case and go to the hearing
Eviction cases in Missouri are heard in: Circuit Court, Associate Circuit Division, in the county where the property is located.
- Nonpayment: landlord demands rent (no fixed notice period). Lease breach, waste, or unauthorized sublet: 10-day notice to vacate (441.040). Holdover/month-to-month: one-month written termination notice (441.060).
- Landlord files a rent-and-possession statement (Ch. 535) or an unlawful detainer complaint (Ch. 534) with an associate circuit judge in the county
- Summons served at least 4 days before the court date, or by posting plus mailing at least 10 days before it. The court date is within 21 business days of issuance.
- Hearing. In a rent case, the tenant may stop it by tendering all overdue rent and costs (535.160).
- Judgment for possession, rent, and costs. Tenant has 10 days to move to set aside or apply for a trial de novo before the judgment becomes final.
- Execution issues. The officer (sheriff) delivers possession to the landlord within 5 days of receiving the execution (535.040).
Court timing: Court date is no more than 21 business days after the summons is issued (unless the plaintiff consents in writing to later). Personal service is at least 4 days before the court date; posting and mailing at least 10 days before. 10 days after judgment for a trial de novo or a motion to set aside.
Source: RSMo 535.020, 535.030, 535.040, 535.160; 441.040; 441.060
How much it costs to evict a tenant in Missouri
Court filing and service fees are set locally. Verified fees in the largest Missouri counties:
| County | Filing and service fees |
|---|---|
| St. Louis County | $53.50 filing deposit for Associate Circuit cases under RSMo Ch. 535 (landlord-tenant / rent and possession) or Ch. 534 (unlawful detainer); sheriff service fee extra |
| Jackson County (Kansas City) | $62.50 Rent & Possession filing deposit (Associate Circuit) + $46 sheriff service fee per defendant if served by Jackson County deputy |
| St. Louis City | $93.50 Associate Civil Case deposit (rent-and-possession / unlawful detainer cases are associate civil cases) + sheriff service fee per City defendant ($36.00 in the 2021 order) |
| Greene County (Springfield) | $48.50 landlord/tenant filing fee + sheriff service fee of $70 per defendant for personal service ($71 for posting), paid separately to the Greene County Sheriff's Office |
| Boone County (Columbia) | $33.50 Associate Civil filing fee (clerk $15 + court automation $7 + Juvenile Justice Preservation Fund $3.50 + Basic Legal Service Fund $8) plus $60 Boone County Sheriff service fee for a rent-and-possession or unlawful detainer case (paid separately to the Sheriff; additional defendants extra); $60 Sheriff fee for execution/eviction |
| St. Charles County (St. Charles, O'Fallon, St. Peters) | $48.50 for a rent-and-possession or unlawful detainer case (Associate Circuit Court) |
| Clay County (Liberty, North Kansas City, part of Kansas City) | $33.50 rent and possession filing fee (Associate Division) + Clay County Sheriff service fee $50 for one defendant ($80 two, $110 three, $140 four) |
Add the cost of a lawyer if you hire one, lost rent during the case, and any writ or officer fee to remove the tenant.
Evicting someone without a lease (family member, roommate, guest or squatter)
| Someone with no written lease who pays rent (month-to-month / at will) | Either landlord or tenant may terminate with written notice setting a termination date that falls on a periodic rent-paying date at least one month after the notice is received. Unwritten city/town residential leases are month-to-month. Source: RSMo 441.060.3-.4(1) |
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| Someone who was never a tenant (squatter / unauthorized occupant) | Expedited court process (since 28 Aug 2024). The owner or an authorized agent files a verified petition in the county where the property is. The petition must state, among other things: the property includes a residential dwelling and was not open to the public when the occupants entered; the occupants are not guests, current or former tenants, or immediate family of the owner; the owner told them to leave and they refused; the property has not been leased to anyone for three consecutive months; and no related litigation is pending. On good cause the court must immediately issue an ex parte removal order, with a hearing within 48 hours of filing. The sheriff enforces the order and may stand by while the owner changes the locks and moves the occupants' belongings to or near the property line. Violating the order is a class A misdemeanor. A person removed without just cause may sue for restored possession, actual damages to personal property, $1,000 statutory damages, and court costs. |
Mistakes that get eviction cases dismissed — or get landlords sued
| Changing locks / shutting off utilities | Prohibited. A landlord who removes or excludes a tenant or the tenant's property without judicial process and court order, or removes doors or locks, is guilty of forcible entry and detainer. The same applies to willfully interrupting essential services (electric, gas, water, sewer) unless done for health or safety reasons. Tenant can sue under Ch. 534, which awards double damages and double monthly rents/profits until restitution. Source: RSMo 441.233; 534.330 |
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| Retaliation | No general statewide anti-retaliation statute for residential tenants. |
| Accepting rent after the notice | No statute addresses whether accepting rent after a notice waives an eviction. By statute, in a rent-and-possession case (ch. 535), if the tenant tenders all rent in arrears plus costs on the date the money judgment is entered, the case stops; paying the judgment and costs before it becomes final stays execution for possession. Otherwise waiver is left to case law and the lease. |
Federal rules that can change the process
- Servicemembers Civil Relief Act: eviction protection: A landlord may not evict a covered servicemember or their family during military service without a court order. When the servicemember's ability to pay is materially affected by service, the court must on request stay the case for 90 days or adjust the lease. Knowingly evicting without a court order is a federal misdemeanor. More
- VAWA housing protections: An applicant or tenant cannot be denied, evicted or cut off from assistance because they are or were a victim of domestic violence, dating violence, sexual assault or stalking. The abuse cannot be treated as a serious lease violation by the victim. The landlord may 'bifurcate' (split) the lease to evict the abuser and keep the victim housed. Covered programs must also have an emergency transfer plan. A transfer is available on request if the tenant reasonably fears imminent harm, or if a sexual assault happened on the premises within the prior 90 days. More
- CARES Act 30-day notice to vacate (covered dwellings): The landlord of a covered dwelling may not require the tenant to leave until 30 days after giving a notice to vacate. The 120-day filing moratorium in the same section expired in July 2020, but the 30-day notice subsection has no expiration date in its text. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): Before filing an eviction for nonpayment, the landlord must give written notice at least 30 days in advance. The notice must itemize the rent owed by month, explain how to pay it off and by what date, and explain how to recertify income or request a hardship exemption. The notice cannot be served before the day after rent is due. If the tenant pays the amount owed within the 30 days, the landlord may not file the eviction. More
Missouri eviction FAQ for landlords
How much does it cost to evict a tenant in Missouri?
Court fees are set locally — for example, St. Louis County: $53.50 filing deposit for Associate Circuit cases under RSMo Ch. 535 (landlord-tenant / rent and possession) or Ch. 534 (unlawful detainer); sheriff service fee extra.
Can a landlord change the locks to evict a tenant in Missouri?
Prohibited. A landlord who removes or excludes a tenant or the tenant's property without judicial process and court order, or removes doors or locks, is guilty of forcible entry and detainer. The same applies to willfully interrupting essential services (electric, gas, water, sewer) unless done for health or safety reasons. Tenant can sue under Ch. 534, which awards double damages and double monthly rents/profits until restitution.
How do you evict a tenant without a lease in Missouri?
Either landlord or tenant may terminate with written notice setting a termination date that falls on a periodic rent-paying date at least one month after the notice is received. Unwritten city/town residential leases are month-to-month.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.