Missouri Eviction Process: Demand to Judgment, Step by Step

Short answer: The Missouri eviction process for unpaid rent can begin with no written notice period at all: under RSMo § 535.020, a landlord who has demanded rent may file a “rent and possession” case right away. The summons sets a court date no more than 21 business days out (§ 535.030). Paying all rent in arrears plus costs on the judgment date stops the case under § 535.160, and an order restoring possession cannot be issued until 10 days after judgment.

That missing notice period makes Missouri one of the quickest states for a rent case, so your leverage comes later, in the courtroom and the ten days after judgment. Missouri also uses two different case types: rent and possession (Chapter 535) for unpaid rent, and unlawful detainer (Chapter 534) for staying after a lease ends. Here is how each one moves.

Missouri Eviction Process: Quick Reference

Notices: Often Fewer Than You Expect

Unpaid rent: a demand, not a notice period

Section 535.020 lets a landlord file once rent is due, payment has been demanded and it has not been paid. The statute says giving the notice in § 441.060 “is not required” before filing. Under § 535.060, a demand is good any time after rent becomes due under the agreement, written or not. In practice, the first formal paper you receive may be the summons.

The landlord may also join other unpaid sums the lease requires, such as fees. But § 535.020 says those sums are not rent for this chapter, and a judgment for them alone does not entitle the landlord to possession. If the only thing owed is a fee, challenge the possession claim.

Ending a month-to-month tenancy

Under § 441.060(4), either side may end a month-to-month tenancy with written notice stating that it ends on a rent-paying date at least one month after the notice is received. Unwritten rentals of buildings in cities and towns are month-to-month under § 441.060(3). For a mobile home owner renting a lot, the landlord must give at least sixty days’ notice, measured from the next rent due date.

Staying after the lease ends

A tenant who “willfully and without force holds over” after the lease term ends can be sued for unlawful detainer under § 534.030. The same section requires a new owner after a foreclosure to give a residential tenant at least ten business days’ written notice before filing.

Filing and the Summons

A rent and possession case is filed with an associate circuit judge in the county where the property sits, by a statement verified by affidavit giving the rental terms, the rent due and the demand (§ 535.020). Under § 535.030, the summons must be served at least four days before the court date. That date may be no more than 21 business days after the summons is issued, unless the landlord agrees in writing to a later one.

If you cannot be found, the landlord can ask for service by posting the summons on your door and mailing it to you, both at least ten days before court. Unlawful detainer summonses follow the same four-day rule under § 534.090. In the City of St. Louis, § 535.200 allows a separate landlord-tenant court where a commissioner hears cases and must actively consider your defenses.

Your Hearing and Defenses

Under § 535.040, once the summons is returned served, the judge sets the case on the first available date. The landlord wins possession if rent was demanded and not paid, and if you do not tender the rent with all costs at the hearing. Bring the money if you can.

• No demand, or the rent was paid. Section 535.020 requires both a demand and nonpayment. Bring receipts and bank records.
• Only fees are owed. Non-rent sums cannot support possession on their own (§ 535.020).
• Improper service. Fewer than four days before court, or posting without the ten-day mailing.
• Code violations. The Missouri Attorney General’s landlord-tenant guide describes a narrow repair-and-deduct right after 14 days’ notice for code violations affecting sanitation, security or habitability, for tenants who have lived there six months and are current on rent. Missouri otherwise gives no general right to withhold rent.
• Discrimination. The AG guide notes that landlords may not discriminate based on race, color, religion, sex, disability, familial status or national origin, and the federal Fair Housing Act, 42 U.S.C. § 3617, bars retaliation for asserting fair housing rights.

The Missouri statutes reviewed here contain no general presumption that an eviction after a complaint is retaliatory, and the AG guide lists none. Our landlord retaliation guide explains other ways to document a reprisal.

Judgment and Paying to Stay

Missouri offers two payment windows under § 535.160. If, on the date of the money judgment, you tender all rent in arrears and all costs to the landlord or the court, “further proceedings in the action shall cease and be stayed.” If you pay the money judgment and all costs after trial but before the judgment becomes final, execution for possession stops. The landlord may still appeal the money judgment.

If you defaulted, § 535.030(4) requires the clerk to mail you a notice that you have ten days to move to set aside the judgment or apply for a trial de novo before it becomes final.

Possession, the Sheriff and Your Property

Under § 534.350, an execution to restore possession may be issued no sooner than ten days after judgment, and it is stayed during an appeal if a bond is posted. At the landlord’s request, § 534.355 lets the court order the sheriff to deliver possession within fifteen days after the judgment becomes final.

If the officer has not delivered possession within seven days after getting the writ and there is no stay, § 441.060(5) allows the landlord, within sixty days of judgment and with a law enforcement officer present, to change the locks and remove belongings without breaching the peace. Under § 535.040(2), a landlord is not liable for goods removed under a court-ordered execution except for willful, wanton or malicious acts, so take your property out first. Items clearly labeled as a third party’s property must be offered back to their owner by certified mail.

Appeals and Trials de Novo

Section 535.110 allows a trial de novo or an appeal under Chapter 512. Neither stops the eviction unless, within ten days after judgment, you post a bond with security covering all damages, costs and rent then due. You must also pay each later month’s rent into court within ten days after it comes due and avoid damaging the property. A posted bond stays execution for possession until the appeal is decided.

Lockouts and Utility Shutoffs

Section 441.233 says a landlord who removes or excludes you or your belongings without judicial process and a court order, or removes doors or locks, is guilty of forcible entry and detainer. The same applies to willfully interrupting essential services such as electricity, gas, water or sewer, unless done for health or safety reasons. In a forcible entry and detainer judgment, § 534.330 awards restitution of the premises plus double the damages found and double the monthly rents and profits.

Realistic Timeline

A month-to-month termination adds at least one month before any unlawful detainer case. See our eviction notice timeline to map your dates.

Worked Example: Denise in Springfield

Denise rents a house for $900 a month, due on the 1st. Her landlord texts a demand for November rent on November 3 and files a rent and possession statement on November 5. The summons issues that day, so the court date must fall within 21 business days. It is set for November 24, and a deputy serves her on November 12, more than four days before.

At the November 24 hearing, Denise tenders $900 plus court costs. Under § 535.160, the case stops. If she had needed more time, she could have applied for a trial de novo within ten days with a bond covering the $900 and costs. Or she could have paid the money judgment and costs before it became final, which would also have halted execution for possession.

Help, Diversion and Records

The Missouri chapters covered here create no statewide eviction mediation program, no right to appointed counsel and no procedure for sealing eviction records; our eviction record sealing guide explains your options with tenant screening reports. Free help may be available through LSC’s Get Legal Help page. When you move, the Missouri security deposit law guide covers your deposit, and other states are on the eviction process by state hub.

Frequently Asked Questions

Can a Missouri landlord sue for rent without a written notice?

Yes. Section 535.020 requires only that rent be due, demanded and unpaid, and it says the § 441.060 notice is not required. The first legal paper you get may be the summons.

If I bring the rent to court, does the eviction stop?

Yes, if you bring all rent in arrears plus all court costs on the judgment date. Section 535.160 says further proceedings then cease and are stayed.

How long after judgment before I can be removed?

An execution to restore possession cannot be issued until ten days after judgment under § 534.350. During those ten days, you can seek a trial de novo or appeal with a bond, or pay the judgment and costs.

What does a Missouri appeal bond cover?

Under § 535.110, all damages, costs and rent then due, posted within ten days of judgment. You must also pay later rent into court within ten days after each due date.

My landlord shut off my water. What can I do?

Section 441.233 treats willful interruption of essential services as forcible entry and detainer, unless done for health or safety reasons. A judgment under § 534.330 includes double damages and double monthly rents.

This guide is general information, not legal advice. If you have a court date, gather your receipts, find out the exact rent and costs owed, and call legal aid before the hearing.

Sources

• RSMo § 535.020, rent and possession filing
• RSMo § 535.030, summons and court date
• RSMo § 535.040, hearing and judgment
• RSMo § 535.060, demand of rent
• RSMo § 535.110, appeals and bond
• RSMo § 535.160, tender of rent and costs
• RSMo § 441.060, termination notice and execution
• RSMo § 441.233, unlawful exclusion and utility interruption
• RSMo § 534.030, unlawful detainer
• RSMo § 534.090, unlawful detainer summons
• RSMo § 534.330, double damages
• RSMo § 534.350, execution timing
• RSMo § 534.355, sheriff delivery order
• Missouri Attorney General, Landlord-Tenant Law guide
• 42 U.S.C. § 3617, Fair Housing Act interference
• Legal Services Corporation, Get Legal Help