It’s important for landlords to understand the legal process behind serving an eviction notice in Missouri. Where done properly, it facilitates the validity of such notice.
In most cases where the eviction notice is wrongly issued, the landlord might have to redo the whole process. It can also serve as a defense for the tenant.
On the other hand, understanding the eviction process would also help tenants prevent any unjust or wrongful evictions.
In this article, we’ve highlighted the different types of eviction notices and the associated legal processes in Missouri.
Eviction Laws in the State of Missouri
The primary legislation that governs the eviction process in Missouri is the Missouri Revised Statutes. It provides for the landlord-tenant relationship, as well as the procedure for the termination of such relationship.
Specifically, MO Rev Stat § 441 (2022) makes provisions for the duties and obligations that landlords owe to the tenant and vice versa. It also provides for the rights and liabilities incurred on that account of such relationship.
MO Rev Stat § 535 (2022) also provides for the legal process to issue an eviction notice in Missouri in order to terminate a landlord-tenant relationship. This includes the process for recovery of possession, service of summons, and lots more.
However, the Missouri Revised Statutes has embarked on a number of reviews over the years. One of the most important changes in the statute is the increase in the eviction notice timeline.
Previously, landlords were only obligated to give 10-day notice before initiating an eviction process in Missouri, but now, the notice period has been extended up to 60 days.
Also, stricter regulations have been implemented to provide a fair environment for the tenant to challenge the eviction notices. Due to this strictness, landlords have to follow the eviction notice requirements under Missouri laws.
Types of Rental Agreements in Missouri
- Standard (1-Year) Lease Agreement:
In Missouri, this type of lease agreement runs for the entire year. The lease agreement typically includes details on the name of the parties, duration of the lease, property address, rent amount and due date, regulations concerning the property, and lots more. A one-year lease agreement is renewed with the agreement of the landlord and the payment of rent by the tenant.
- Month-to-Month Lease
A month-to-month lease agreement is a contract (does not necessarily have to be in writing), with no specific end date. The landlord leases the property to the tenant every month, with the payment of a predetermined fee. The lease is automatically renewed every month, and can be terminated by notice from either party.
- Sublease Agreement
A sublease agreement lets a tenant sublet the landlord’s property to another tenant. However, according to Missouri laws, the written assent of the landlord is required. Where the lease agreement forbids subletting, the tenant is not authorized to make such an agreement.
- Roommate Agreement
A roommate agreement provides the rules and regulations as to the living arrangements for the persons living together in the same unit. This agreement is typically created by the parties themselves and does not require the consent of the landlord.
- Commercial Leases
This type of lease agreement is used to obtain possession of a commercial property such as a retail space, office, etc.
- Rent-to-Own Agreement
This type of agreement allows the landlord to lease the property to the tenant with the option to purchase the property in the future, at a predetermined price.
- Association of Realtors Lease Agreement
This type of lease agreement is used by realtors when handling the housing negotiations between the landlord and the tenant. They ensure that the agreement is in line with the provisions of the laws.
Grounds for Eviction
Under Missouri eviction laws, a landlord can only issue an eviction notice where the following grounds apply.
- Failure to Pay Rent
Nonpayment of rent is one of the most common grounds for filing an eviction notice in Missouri. However, serving an eviction notice is not necessary in this situation.
According to Mo. Rev. Stat. § § 535.020, where rent is due and payable, the landlord or his agent must demand for the rent. But where the tenant fails to pay the money after the landlord has demanded for it, he may go ahead to initiate the eviction proceedings.
The law does not also specify a timeline for when a landlord can initiate an eviction lawsuit after demanding the rent.
However, most attorneys recommend that the landlord wait for two weeks or more before initiating such a proceeding.
Note: Rent is considered due a day after its due date according to Missouri eviction laws. However, where the lease agreement makes provision for a grace period, the landlord is bound by it.
- Violation of Lease Terms
Lease agreements may vary from party to party. They typically contain terms as to the living arrangements and conditions of the landlord and tenant.
Under Mo. Rev. Stat. § 441.030, it provides for certain responsibilities that a legal tenant has in the rented property. Examples are the duty not to assign without consent, commit waste, violate lease agreements, etc.
According to Mo. Rev. Stat. § 441.060, where a tenant violates a term in the agreement, the landlord must serve a 10-day Notice to Vacate under Missouri laws. This eviction notice specifies that the tenant may either fix the violation or move out of the premises.
Examples of other lease violations are damaging the rental unit, unauthorized smoking, excessive occupancy, and keeping pets in a pet-free property.
Under Missouri eviction laws, the landlord is not obligated to give the tenant the chance to fix the violation. He may choose to evict the tenant solely based on such violation, and then initiate an eviction lawsuit.
- Involvement in Illegal Activity
Under Mo. Rev. Stat. § 441.020, it is considered illegal when the tenant uses the leased property for gambling, prostitution, or for the possession, sale, and distribution of substances.
In these cases, the landlord can give the tenant a 10-day Notice to Quit, i.e., to vacate the premises. The law does not specify whether tenants have the right to redeem their acts.
However, where the tenant remains in the building after 10 days, the landlord can initiate the eviction proceedings.
Additionally, an immediate eviction order may be ordered where;
- Failure to evict the tenant would result in physical injury to the tenants or lessor;
- The tenant has caused substantial property damage to the rental property;
- The tenant is involved in drug-related criminal activity;
- The tenant has invited or permitted a person who has been banned to enter the property;
- The tenant has failed to inform the landlord that the person banned has entered the rental property;
- The tenant engages in criminal activity.
Where any of the following applies, the court would order an immediate order of removal of such tenant from the rental property.
- Holdover Tenancy
A holdover tenant is a person who stays in the rented property even after the tenancy agreement has been terminated. Under Missouri eviction laws, this is considered illegal.
Missouri Revised Statutes did not particularly specify the eviction process for a holdover tenant. However, Mo. Rev. Stat. § 441.080, provides that no eviction notice in Missouri is required for a tenant whose term is to end at a certain time.
Mo. Rev. Stat. § 441.090 also states that a holdover tenant is liable to pay during the period he was holding over, double the yearly value of the land.
As such, the landlord may decide to serve an eviction notice to a holdover tenant. If the tenant remains in the rented property after the specified timeframe, the landlord can then initiate an eviction lawsuit to remove him or her from the property lawfully.
Types of Eviction Notices in Missouri
Eviction notices in Missouri are written documents usually initiated by a landlord to a tenant, informing him or her to vacate the leased property.
These eviction notices usually specify the reason for the eviction, the remedy available (if possible), the timeframe within which the tenant must comply, etc.
There are various types of eviction notices in Missouri tailored to the specific circumstances of the case.
It’s important that landlords and tenants are acquainted with the legal formalities behind these notices. It would allow them to ascertain their rights and responsibilities under Missouri eviction laws.
Eviction Notices with Cause
Under Missouri laws, landlords can effectively evict a legal tenant where there’s nonpayment of rent, lease violation, criminal activity, etc. However, different notice requirements are attached to these situations.
Here are the notice requirements to serve an eviction notice in Missouri.
Notice to Quit for Unpaid Rent
As earlier established, Missouri laws do not specify the notice requirement when a tenant fails to fulfill his contractual obligation, i.e., payment of rent money.
The landlord is only required to demand the rent money from the defaulting tenant.
If the tenant does not pay after the demand and after a certain period, the landlord can commence an eviction lawsuit to make the tenant pay the money or evict him.
30-day or 60-day Notice to Vacate
Under Mo. Rev. Stat. § 441.060, if a landlord wishes to end a month-to-month tenancy, he is required to give the tenant a 30 day eviction notice in writing under Missouri laws.
If the tenant does not move out within the 30 day timeline specified in the eviction notice, the landlord can then go ahead with the eviction process under Missouri laws.
For a year-to-year tenant, the landlord must in writing give a 60-day eviction notice to terminate such tenancy – Mo. Rev. Stat. § 441.050.
10-Day Notice to Vacate
Where a tenant commits a lease violation, other than nonpayment of rent, the landlord can issue a 10-day Notice to Vacate under Missouri laws.
In this case, the tenant can redeem himself by fixing the violation before the 10-day timeline elapses.
However, the landlord is not obligated to give the tenant the chance to fix the violation.
As such, once it’s established that the tenant has violated the lease agreement, the landlord can choose to either evict the tenant or allow him to fix his violation.
0-Day Notice to Vacate for Illegal Activity
If a tenant engages in illegal activity, the landlord must issue a 10-day notice to vacate, with no opportunity to remedy the situation.
Where the tenant remains in the rental unit after 10 days, the landlord can commence an eviction suit against the tenant.
However, recent changes to the law have allowed landlords to issue a 24-hour notice to quit when the tenant engages in criminal activity or severe lease violations.
Eviction Notices without Cause
Under Missouri eviction laws, landlords are required to have a cause before evicting a legal tenant.
Tenants can be lawfully evicted on various grounds (as listed above), but they can not be evicted without any just cause.
When a landlord wishes to evict a tenant, he must wait till the term ends.
If a tenant is served with an eviction notice without just cause, the tenant can use this as a defense to remain in the rental property.
However, for a holdover tenant, the landlord may begin the eviction process immediately with no need to wait.
Eviction Process in Missouri
These are the legal process for commencing an eviction lawsuit in Missouri;
Issuance of Eviction Notice
The first step to commencing an eviction process in Missouri is by serving the tenant the eviction notice, stating clearly the reason for the eviction, the timeline to vacate or comply, etc.
The eviction notice can be served by the landlord to the tenant directly or indirectly, or by placing the notice in a conspicuous place on the tenant’s property.
It’s important for landlords to keep a copy of the eviction notice. It can be used to prove that the landlord had followed the legal procedure for evictions under Missouri laws.
Filing an Eviction Suit
Where the tenant fails to comply with the provisions of the eviction notice, and the notice period has elapsed, the landlord can proceed to file a complaint in the circuit court. The appropriate circuit court depends on the county of the rental unit.
As such, the landlord must file the complaint, fill out the appropriate forms, and pay the prescribed fees.
When filling out the forms, the landlord may require documents such as a copy of the lease agreement or deed, a copy of the eviction notice, etc.
The cost for the fees may vary from county to county. It may however cost from $100 to more.
Serving the Tenant
After the landlord has filled out the necessary forms, the court shall issue a summon to the tenant at least 4 days before the court date.
However, the court date must not be more than 21 business days from the date the summon was issued unless otherwise stipulated by the plaintiff (landlord).
The summons and complaint can be served by an officer or someone authorized by the clerk to serve it. It can be served by;
- Personal service: By delivering it personally to the tenant.
- Posting service: By placing it in a conspicuous place on the tenant’s property.
- Mailing service: By delivering it to the tenant’s last known address by ordinary mail.
Where the summon and complaint are delivered by personal service, the landlord may additionally request that the summon and complaint are also delivered by mail and posting, within 10 days of the court date.
However, where the tenant vacates or absconds from his usual residence, and the notice is delivered by mail or post, the court will proceed with the hearing as if the notice is given by personal service.
Court Proceedings
To win the suit, either party must provide strong arguments backed with indefensible evidence(s) to support their claims.
Landlords can use evidence such as a copy of the deed or lease agreement, bank statements, rent receipts or ledgers, pictures or videos of violations, witness statements, etc. This can be used to prove that the tenant has failed to pay rent, violated a lease term, or engaged in illegal activity.
The tenant can also rebut this claim with the use of evidence such as bank statements, chats or communication with the landlord, agreement contracts, etc.
The judge would give a judgment based on the credibility and relevance of the parties’ argument.
Where the tenant fails to show up at the hearing, the judge may issue a default judgment in favor of the landlord.
Tenant Defenses
- Self-Help Eviction: Landlords are not allowed to use any kind of self-help remedies when evicting a tenant. Even if the landlord wins the eviction lawsuit, they can act through a law enforcement agent. Examples of self-help evictions are; locking the property or changing locks, possessing the tenant’s personal property, turning off utilities, and any other acts employed to drive the tenant out of the property. As such, where a landlord implores any self-help act to drive the tenant out of the property, it can be used as a defense against him in court.
- Improper Lease Termination: This can be used as an effective defense where the landlord has not lawfully followed the eviction termination process in Missouri. This may be that the landlord has not given proper notice or there’s no valid reason for the eviction.
- Improper Month-to-Month Lease Termination: Under Missouri law, landlords are expected to give a 30 day eviction notice to a monthly tenant. Where the landlord fails to do this, it may be used as a defense against the eviction.
- No Violation of Lease: The tenant may claim that he had not violated any term in the lease agreement. Since the burden of proof lies on the landlord, if he is unable to prove such a violation, this defense will stand.
- Not a Material Breach of Lease: The tenant may claim that the violated term of the lease violated is far too minor, and does not warrant eviction.
- Premature Lawsuit Filing: Where the landlord has filed a lawsuit without going through the necessary eviction process, the tenant may use such an act as a defense.
- Discrimination: Landlords are not expected to discriminate against tenants. As such, the tenant can not be evicted based on their race, sex, religion, nationality, and disability. Where this is found, the tenant can use it as a defense.
Judgment and Writ of Possession
The judge may find favor in the tenant’s argument, and in such case, may be allowed to stay in the rental premises until the lease term ends.
However, where the landlord wins the case, the court is to issue a Writ of Possession, which is the final notice, informing the tenant to vacate the rental premises or would be forcibly led out.
The tenant has 10 days from the date of the judgment to appeal or file for a trial de novo (new trial). Where the tenant does not appeal within 10 days, the court’s judgment remains final and binding.
Where the tenant remains in the rental unit after the writ of possession has been obtained, the landlord can lawfully evict the tenant by delivering the writ to a law enforcement agency.
The law enforcement agent must act on the writ within 24 hours from the date of the judgment (where the eviction notice involves extreme criminal activity) or 15 days for other eviction concerns.
Only these agencies can lawfully evict a tenant, regardless that the landlord won the suit in court.
Executing the Eviction
Although the landlord wins the lawsuit, tenants have the right to vacate the rental premises without any force, provided it is done within a short period. Tenants typically have one to five days to evict the rental premises.
Where a tenant leaves the rental unit without his or her personal property, the landlord is not to dispose of it.
However, under Mo. Rev. Stat. § 535.040.2, provides that except for malicious acts or omissions, a landlord can not be held liable for the personal property of the tenant left behind in the rental unit due to the court-ordered eviction process.
Landlords are to make a written notice to the tenant informing them to remove their personal property from the rental premises.
Where the tenant does not respond to such notice within 10 days, the landlord may dispose of the property however he deems fit.
Eviction Notice by States
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FAQs
The eviction process in Missouri can take from 60 days to 90 days. This may however vary based on the particular circumstances of the case.
The landlord can serve the eviction notice to the tenant under Missouri laws. This can also be done by the landlord’s agent or any other authorized personnel.
The cost to evict a tenant in Missouri varies from county to county, as well as other costs such as legal fees, storage fees, etc. However, prepare to spend at least $300 on the whole court processing, excluding the legal fees.
If it’s a monthly tenant, then 30 days is enough. Whereas for a yearly tenant, a 60-day eviction notice in Missouri is sufficient.
The cost of eviction varies from case to case. There’s no specific amount that one can spend on such eviction.
Rich is an Entrepreneur, Real Estate Investor, and Lawyer licensed in Texas. He enjoys family, community, and work. He started Landlord Guidance in 2012 to help fellow landlords, and teach them that being fair and ethical with their tenants is the true path to long-term success.
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