Eviction in Missouri:

Missouri Eviction Laws

The foundation of the Eviction Laws in Missouri are contained in Chapter 535 of the Missouri Revised Statutes. General Landlord Tenant Laws in Missouri are found in Chapter 441 of the Missouri Revised Statutes. If you are a landlord in Missouri, it is a good idea to become familiar with the eviction procedures laid out in this law.

Missouri Eviction Notice

The first step in the Missouri Eviction Process is serving the tenant with an Eviction Notice. The eviction notice must state why the tenant is being evicted, and give them a specified amount of time to correct the problem. Common reasons to serve an eviction notice on a tenant are non-payment of rent, breaching obligations in the lease, and holdover (the lease is up and the tenant will not move). Missouri law requires that an Eviction Notice be served before an eviction lawsuit can be filed. The time period for an eviction notice demanding rent is not specified, but the time period in the eviction notice to end a lease is one month from the next date rent is due.

Rent and Possession Suit

There are 2 kinds of eviction lawsuits in Missouri. The first one is called a Rent and Possession Suit. This is used to evict a tenant because the tenant has not paid rent. The landlord is required to demand the rent by serving an eviction notice before the lawsuit is filed. In order to file this suit, the landlord should go the Court that handles evictions for the jurisdiction where the property sits (this is Circuit Court in St. Louis). The landlord should tell the Court Clerk that they need to file an eviction case for Rent and Possession. There will be a filing fee. The Court will prepare a Summons and serve (deliver) it on the tenant. The Summons will tell the tenant when and where the court date is. If the tenant does not show up to court on the court date, the landlord will win by default. The judge can award possession as well as money damages. If the tenant does show up, then the judge will examine evidence and allow both sides to tell their side of the story. It is advisable that the landlord bring all witnesses, documents (eviction notice, lease, etc.), and other evidence to prove their case. If the judge rules for the landlord, the judge can award possession, damages (back rent), or both. If the judge rules for the tenant, the tenant will be able to stay.

Unlawful Detainer Suit

This is the kind of eviction case used to evict a tenant for "holding over" - not vacating after their lease is over (after the landlord gave proper notice that the lease is ending), or for tenants who have breached the terms of their lease. If a landlord needs to evict for non-payment of rent, he should use the Rent and Possesion Eviction Suit above. An Unlawful Detainer Suit proceeds the same way as the Rent and Possesion suit, with a Summons issued to the tenant, and a court date.

10 Day Appeal Period

Once the landlord wins at the original court date, the tenant has 10 days to appeal the judgment. If the tenant wants to remain in the property after the 10 days while the appeal is pending, the tenant must post a bond (give money to the court to hold) for the full amount of the judgment.

Sheriff Removal

If the tenant is still in possession of the property after the 10 day appeal period, the landlord can apply to the court to have the Sheriff remove the tenant.

Expedited Eviction in Missouri

Landlords in Missouri can request expedited eviction from the court if the tenant has caused damage equal to more than 12 months of rent, has used the property for drug related activity, or has allowed people on the property that were previously barred by the landlord.

General Eviction Process Tips

When you are beginning the Eviction Process, it is important to remember that this is a legal procedure. Act professional and keep good records at all times. For example, be sure to keep multiple copies of all letters and documents you deliver to your tenant. If your tenant does not leave after receiving your eviction notice, you may need to prove to a judge later that you in fact properly delivered that eviction notice.

If you end up having to file an eviction case, always make sure you file your eviction case in the right court. Every state is broken up into different jurisdictions, and you must file in the correct jurisdiction. You can usually figure out where to file by doing some research on your state's website. When you go to file your eviction case, the clerk's office will tell you if you are in the right place, and if you are not, they are usually very helpful. Always treat court clerks kindly and with respect, and they will go the extra mile for you.

If you end up having to go to court, there are a few simple rules to follow. Show up early for your court date and politely ask the court clerk where to go. Always dress professionally or they might not let you in the courtroom. DO NOT allow your cell phone to ring in the Courtroom! Many judges impose $500.00 fines or confiscate your phone for over a week! Most of the time you will sit in the Courtroom and the judge will come out and give everyone instructions. He will then begin calling cases. Address the Judge as "Your Honor" or "Judge." Make sure to bring a copy of your Eviction Notice, your Lease, and any evidence you need, such as witnesses, lease violations, pictures, etc. Always be honest, even if it is to your disadvantage. A perjury conviction is worse than losing an Eviction case.