The Missouri eviction notice is a letter that the landlord uses to inform the tenant that they must vacate the property by a certain date.
The eviction notice usually includes the reason for the eviction, instructions on how the tenant can remedy the violation and stop the eviction, and a deadline by which the tenant must vacate the leased property.
If the tenant doesn’t comply with the instructions from the eviction notice, the landlord can start the eviction procedure by filing an eviction lawsuit with the relevant court.
Types of Eviction Notices in Missouri
The type of eviction notice the landlord should use is mostly connected with the type of lease and the reasons for the eviction. In the section below, you can see the most commonly used types of Missouri eviction notices.
Notice to Pay Rent
If the tenant fails to pay the rent before the due date, the landlord can issue an eviction notice to the tenant. The Missouri statute doesn’t provide any mandatory notice period before the landlord can file an eviction lawsuit, but in practice, the landlord will give at least three to five days to the tenant to pay the late rent.
Notice for Non-Compliance
The landlord can evict the tenant in Missouri for violating the Missouri landlord-tenant law or the lease agreement. The landlord must give the tenant at least ten days to fix the violation or move out of the property. If the tenant doesn’t do either within the provided notice period, the landlord can move on and file an eviction lawsuit.
Notice for Illegal Activity
If the tenant commits illegal activity at the leased property, the landlord can send an eviction notice to the tenant, giving them ten days to move out without the possibility of remedying the violation.
The illegal activities that are the reason for eviction in Missouri are possession or distribution of illegal substances, transfer of the lease to another person without the landlord’s knowledge, or causing substantial damage to the leased property.
Notice to Terminate a Month-to-Month Lease
If there is no lease term determined in the lease agreement or the tenant is leasing the property on a month-to-month basis, the landlord can terminate the lease without giving any reasons for the termination.
However, the landlord must give proper notice to the tenant. In the case of a month-to-month lease, the landlord must give the tenant at least 30 calendar days to move out.
Eviction Laws and Requirements in Missouri
Laws & Requirements
Rent payment grace period: There is no grace period provided for the late rent payment. (§ 535.010)
Notice for rent non-payment: None. (§ 535.010)
Notice for non-compliance: 10 days. (§ 441.040)
Notice for periodic lease termination: 30 days for a month-to-month lease. (§ 441.060(3))
Eviction process. Chapter 535 (Landlord-Tenant Actions).
When is Rent Late in Missouri?
In Missouri, the rent is considered late immediately after the due date is over. That means that if the rent is due on the 15th of the month, it will be late starting on the 16th of the month.
The Missouri Statute doesn’t provide any grace period for the rent payment. This means that the landlord can file an eviction lawsuit as soon as the rent is late.
Grounds for Eviction in Missouri
The landlord can start the eviction process in Missouri for the following reasons:
Grounds for Eviction
If the tenant fails to pay the rent before the due date
In case the tenant violates the lease agreement
When the tenant violates the Missouri landlord-tenant law
In case the tenant is involved in an illegal activity
If the landlord wants to terminate the periodic lease (week-to-week or month-to-month)
Eviction Process in Missouri
The eviction process in Missouri depends on the type of lease, the reason for the eviction, and the actions the tenant takes in the eviction process.
It usually goes as follows:
#1. Write a Notice
The eviction process in Missouri starts the moment the landlord issues an eviction notice to the tenant. The notice includes basic information about the landlord, the tenant, and the property, the reasons for the eviction, and the deadline by which the tenant must leave the property.
#2. File the Complaint
If the tenant doesn’t leave the property by the deadline provided in the eviction notice, the landlord can file a complaint and summons with the local court and initiate the eviction lawsuit. The landlord should also attach a copy of the eviction notice to the complaint.
#3. Serve the Tenant
The court or another body authorized by the court will inform the tenant that an eviction procedure has been initiated against them. They will also serve the tenant with the summons and a copy of the complaint.
The summons and the complaint must be served on the tenant at least four days before the eviction hearing.
#4. Wait for the Court’s Judgment
If the tenant fails to appear for the eviction hearing, the court will make a default judgment in the landlord’s favor and order the tenant to move out. If the tenant appears, the court will hold the eviction hearing, where both the landlord and the tenant will have a chance to present their arguments.
#5. The Court Issues a Writ of Restitution
The Missouri court issues the writ of restitution right after issuing the judgment in the landlord’s favor. This document serves as a final warning to the tenant to leave the leased property. Additionally, it gives the sheriff the authority to forcefully remove the tenant from the property.
Other Eviction-Related Forms in Missouri
The 16th Circuit Court of Jackson County, Missouri, provides the landlord-tenant forms that can be used in the eviction procedure:
Other Eviction-Related Forms
Landlord’s Petition. The landlord can use this form to initiate the eviction process before the court and state their arguments for such action.
Motion for Order to Post. The landlord uses this form to request from the court that it order the delivery of the complaint and the summons to the tenant at their last known address.
Eviction Information for Landlords in Missouri
The landlord cannot use illegal methods to evict the tenant. The landlord who violates the eviction procedure and uses illegal self-help methods for eviction can face a lawsuit and be required to pay the damages to the tenant.
Any of the following actions are considered illegal according to Missouri landlord-tenant law:
Eviction Information for Landlords
Changing the locks at the leased property so the tenant could not access it
Removing the tenant’s belongings from the leased property
Shutting off the utilities at the leased property, such as electricity or water
Eviction Information for Tenants in Missouri
The tenant should make sure that the Missouri eviction notice contains the following:
Eviction Information for Tenants
Reason for eviction. The eviction reason must be listed in the Missouri landlord-tenant law as the reason for the eviction.
Deadline for leaving the property. The Missouri landlord-tenant law provides the minimum advance notice the landlord must give the tenant before evicting them.
If the Missouri eviction notice doesn’t contain both elements, the tenant can address these issues to the court in the eviction process and argue the legality of the eviction.
How to Write an Eviction Notice in Missouri
The best way to make the Missouri eviction notice is to follow the steps as presented below:
Texas Eviction Notice Checklist
Missouri Eviction Notice FAQ
You can file an eviction notice for the following reasons:
When the tenant is late with the rent payment.
If the tenant commits illegal activity on the leased property.
In case the tenant violates the lease agreement or the Missouri landlord-tenant law.
If the landlord wants to terminate the periodic (month-to-month or week-to-week) lease.
The landlord must give the eviction notice to the tenant before initiating any other eviction-related action. If the tenant doesn’t comply with the instructions provided in the eviction notice, the landlord can move on and file an eviction lawsuit.
The eviction process in Missouri can take between one and three months, depending on the following factors:
Type of lease
Reasons for the eviction
Actions of the tenant in the eviction process (are they fighting the eviction process or not)
Depending on the reason for the eviction, the landlord must notify the tenant between 5 and 30 days in advance before the tenant must move out of the leased property. Only in the case of rent non-payment can the landlord file an eviction lawsuit without giving any advance notice to the tenant.