Do you need an eviction notice in Missouri?
Not for unpaid rent. Under RSMo 535.020, once rent is due and you have demanded it and it hasn’t been paid, you can file a rent-and-possession case, and the statute says the one-month notice in 441.060 isn’t required. Under 535.060, a demand is good any time after rent falls due, whether it’s made in writing or not, though a dated written demand makes your proof easier.
Other grounds need notice. To end a month-to-month tenancy, 441.060.4 requires written notice that the tenancy ends on a rent-paying date at least one month after the tenant receives it. A tenant who then holds over is sued for unlawful detainer under chapter 534, which requires a written demand for possession under 534.030.
Drug activity, gambling or a brothel on the premises voids the lease under 441.020. Section 441.040 then lets you retake possession by legal process after ten days’ notice to vacate. The same ten-day notice applies to an unapproved assignment or sublease, waste, or a violation of the conditions of a written lease, under 441.030.
Choosing the right Missouri case
Missouri has two main tracks, and picking the wrong one costs time. Rent and possession under chapter 535 is only for unpaid rent. It moves fast, and a tenant can stop it by paying.
Unlawful detainer under chapter 534 covers tenants who stay after the lease ends or after a termination notice. It carries a strong remedy: under 534.330, a winning landlord recovers double the damages found and double the monthly rent from judgment until restitution.
For drug-related criminal activity, the expedited process in 441.710 to 441.880 lets the court order immediate eviction. Under 441.740, that order is available when drug activity occurred on the property or the tenant or a household member or guest engaged in it there or nearby.
Statewide limits in Missouri
Missouri has no just-cause eviction requirement. You can end a month-to-month tenancy without stating a reason as long as the one-month notice is right.
The core statutes have been stable. The revisor’s current versions of 535.020 and 535.030 date from 2004 and 2018, so the process described here reflects the law in force in 2026. Subsidized buildings carry their own federal notice and cause rules, so check the HAP contract or regulatory agreement first.
The Missouri rent-and-possession case, step by step
File a statement verified by affidavit with an associate circuit judge in the county where the building is located. Under 535.020, it must set out the rental terms, the rent actually due, that you demanded payment and weren’t paid, and describe the property. You can join a claim for other amounts owed under the lease.
The clerk issues a summons right away naming every occupant. Under 535.030, the court date must be no more than 21 business days after the summons issues, unless you consent in writing to a later date when you file. Personal service must happen at least four days before court.
If you want a backup, ask the clerk at filing for posting and mailing as well. The officer posts the summons and complaint on the unit and mails a copy at least ten days before court. If the tenant can’t be found, the case proceeds as if personally served, though the court won’t award money on a default with posting service. Your own adult agent can also post and mail an alias summons.
At the hearing, 535.040 has the judge enter judgment for possession and the rent due, with costs, unless the tenant tenders the rent and costs in court. Under 535.160, a tenant who pays all arrears and costs on the day the money judgment is entered stops the case.
After judgment: the 10-day window and the execution
Under 535.030.4, the tenant has ten days from judgment to move to set it aside or apply for a trial de novo. If neither is filed, the possession judgment becomes final and the tenant can be evicted without further notice. When the tenant defaulted, the clerk mails a notice explaining this.
An application for a trial de novo or an appeal doesn’t stop the eviction by itself. Under 535.110, the tenant must post a bond within ten days covering damages, costs and rent due, and must pay later rent into court within ten days after each due date while the case is pending. For holdover cases, 534.350 bars an execution for possession sooner than ten days after judgment.
The officer, usually the sheriff, must deliver possession within five days after receiving the execution, under 535.040. Under 534.355, you can ask the court to order delivery within 15 days after the judgment becomes final. Belongings left behind can be removed without liability except for willful or malicious acts, and third-party property that is clearly labeled triggers a certified letter and five business days to collect it.
When the sheriff doesn’t act: Missouri’s police-escort rule
Missouri gives landlords a fallback if the officer is slow. Under 441.060.5, if there’s no stay and the officer hasn’t delivered possession within seven days after receiving the writ, you can take possession yourself within 60 days of the judgment, in the presence of a municipal or county law enforcement officer, without breaching the peace.
You must first show that officer a true copy of the judgment and order of execution, get a written acknowledgment, and file it with the court within five days after you take possession. Skip the acknowledgment or the filing and you lose the statute’s protection from liability for the tenant’s property.
Self-help and federal rules in Missouri
Outside that narrow rule, lockouts are illegal. Under 441.233, a landlord who removes a tenant or their belongings, or removes doors or locks, without judicial process and a court order is guilty of forcible entry and detainer. So is a landlord who willfully cuts electric, gas, water or sewer service, unless it’s done for health or safety. Forcible entry and detainer carries double damages under 534.330.
If the building has a federally backed mortgage, such as a Fannie Mae, Freddie Mac or FHA loan, or a covered federal program, the CARES Act may apply. Section 4024(c), at 15 U.S.C. 9058(c), bars a landlord of a covered property from requiring a tenant to leave until 30 days after a notice to vacate. The moratorium ended in 2020, but the 30-day text remains and courts have split on whether it still applies, so serving a 30-day notice before filing at a covered building is the safer course. Before a default judgment, file an affidavit of military status under the Servicemembers Civil Relief Act, 50 U.S.C. 3931.
Missouri eviction timeline at a glance
This table covers a rent-and-possession case with no trial de novo or appeal.
| Step | Deadline | Rule |
|---|---|---|
| Demand for rent | No waiting period; any time after rent is due | RSMo 535.020, 535.060 |
| Court date on summons | No more than 21 business days after issuance | 535.030.1 |
| Personal service | At least 4 days before court | 535.030.1 |
| Posting and mailing | At least 10 days before court | 535.030.2 |
| Set aside or trial de novo | 10 days after judgment | 535.030.4 |
| Bond to stay execution | Within 10 days after judgment | 535.110 |
| Officer delivers possession | Within 5 days of receiving the execution | 535.040 |
| Landlord with police escort | If no delivery in 7 days; within 60 days of judgment | 441.060.5 |
| Month-to-month termination | One month, ending on a rent date | 441.060.4 |
Worked example: the cost of a Missouri eviction
Assume a $1,100-a-month unit in a 30-unit building in Kansas City, a tenant who stops paying, a court that sets the hearing at the 21-business-day limit with no holidays in between, and no trial de novo.
Demand the rent on day 0 and file Monday, day 1. Twenty-one business days later, the court date is day 30, and judgment enters. The 10-day window makes it final on day 40, and the officer has five days after receiving the execution, so possession comes by about day 45.
At $1,100 a month, rent runs about $36.16 a day, so 45 days is about $1,627 of lost rent. Add an assumed $800 for an attorney and the total is about $2,427, before sheriff fees and turnover. A sooner court date shortens it, and a bonded trial de novo stretches it.
Alternatives to a Missouri eviction
Because a tenant who pays arrears and costs on judgment day ends a rent case, a payment agreement before court can save everyone the hearing. Put the amount, dates and what happens on a missed payment in writing, and ask the court to enter it as a consent judgment so you keep your remedy.
Cash for keys is the faster route to an empty unit when you don’t expect to collect. Pay a set amount for a move-out by a fixed date, paid when the keys come back.
Selling a Missouri building with a pending eviction
You can sell with a case open. The buyer becomes the landlord, and the purchase agreement should say whether the buyer continues the case or files fresh, who keeps any judgment and who pays counsel.
Buyers will ask for tenant estoppel certificates, the rent ledger and the court file. Our Missouri landlord-tenant law guide covers how deposits and leases move to a new owner.
Selling your Missouri apartment building to Skyline
Skyline buys occupied Missouri apartment buildings with five or more units, including ones with problem tenants or a case already filed. We underwrite the rent roll as it stands.
Send the address and unit count through the form on this page or call (469) 660-2977. We typically respond within 48 hours.
