Missouri eviction laws
Notices, deadlines, court and tenant rights in Missouri — in plain English.
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Overview
- The court case
- Rent and possession action (nonpayment) or unlawful detainer
- Court
- Associate Circuit Court in the county where the property is located
- Main laws
- RSMo ch. 535 (rent and possession); ch. 534 (unlawful detainer); ch. 441 (landlord-tenant; notices 441.040, 441.050, 441.060)
Just-cause protection
No statewide law
Missouri has no just-cause rule. State law bans local rent control. (RSMo 441.043, 441.060)
Notices before filing, by reason
What a landlord must serve before filing — and what a tenant should expect to receive.
Unpaid rent — Demand for Rent
Missouri does not require a written notice period before filing a rent and possession case. The landlord only needs to have demanded the rent (which can be verbal or written) and not been paid. The tenant can stop the eviction by paying all rent, interest and court costs before or at the trial.
Demand for Rent
- Notice period
- No fixed period
- Counting
- No waiting period. The landlord may file as soon as rent has been demanded and not paid.
- Tenant can fix it?
- Yes, within the notice period
- Must include
- Tenant name(s) and property address
- Amount of rent due
- Demand for payment
- Landlord signature and date (if in writing)
- How to serve
- Hand it to the tenant in person; Leave it with an adult who lives there (and mail a copy if required); Post it on the door; Certified mail (return receipt). Deliver the written notice to the tenant personally; or leave it with a family member over 15 at the unit; or, if no one is home, post it on the door. Certified mail is also used. Keep proof. Double-check with the court: service methods in RSMo 441.060 and local court practice. A demand can be made at any time after rent is due; no waiting period is required.
- Law
- RSMo 535.020
- Giving the month-to-month termination notice (441.060) is not required before a rent and possession case.
- The tenant can pay all rent due plus costs before trial to end the case (RSMo 535.160). Double-check with the court: a written demand is best practice to prove the demand was made.
The tenant broke the lease or rules — 10-Day Notice to Vacate
For drug activity, gambling or other illegal uses, or unauthorized assignment/subletting, the landlord gives a 10-day notice to vacate. For other lease violations, the lease's termination terms apply, followed by a written demand for possession before an unlawful detainer case.
10-Day Notice to Vacate
- Notice period
- 10 days
- Counting
- Count 10 calendar days after delivery.
- Tenant can fix it?
- No
- Must include
- Tenant name(s) and property address
- The violation (illegal use or unauthorized assignment/sublet) and facts
- Statement that the tenant must vacate within 10 days
- Landlord signature and date
- How to serve
- Hand it to the tenant in person; Leave it with an adult who lives there (and mail a copy if required); Post it on the door; Certified mail (return receipt). Deliver the written notice to the tenant personally; or leave it with a family member over 15 at the unit; or, if no one is home, post it on the door. Certified mail is also used. Keep proof. Double-check with the court: service methods in RSMo 441.060 and local court practice.
- Law
- RSMo 441.040
- Double-check with the court: for ordinary lease violations (pets, noise, etc.), Missouri law gives no fixed notice period; follow the lease and then give a written demand for possession.
The lease ended and the tenant stayed — Written Demand for Possession
When a fixed-term lease ends, the landlord can file an unlawful detainer after making a written demand for possession if the tenant refuses to leave. No set waiting period is required.
Written Demand for Possession
- Notice period
- No fixed period
- Counting
- No fixed period. Double-check with the court: give a reasonable time (commonly a few days) before filing.
- Tenant can fix it?
- No
- Must include
- Tenant name(s) and property address
- Statement that the lease has ended
- Demand that the tenant deliver possession of the premises
- Landlord signature and date
- How to serve
- Hand it to the tenant in person; Leave it with an adult who lives there (and mail a copy if required); Post it on the door; Certified mail (return receipt). Deliver the written notice to the tenant personally; or leave it with a family member over 15 at the unit; or, if no one is home, post it on the door. Certified mail is also used. Keep proof. Double-check with the court: service methods in RSMo 441.060 and local court practice.
- Law
- RSMo 534.030
- Accepting rent after the lease ends may create a month-to-month tenancy that requires a one-month notice.
Ending a month-to-month tenancy (no fault) — Notice to Terminate Month-to-Month Tenancy
A month-to-month tenancy can be ended by written notice that ends the tenancy on a rent due date at least one month after the tenant receives it. Year-to-year needs 60 days before the end of the year.
Notice to Terminate Month-to-Month Tenancy
- Notice period
- 30 days (month-to-month: 30 days, year-to-year: 60 days)
- Longer notice
- Mobile home lot (tenant owns the home): 60 days from the next rent due date.
- Counting
- The termination date must be a rent due date at least one full month after the tenant receives the notice.
- Tenant can fix it?
- No
- Must include
- Tenant name(s) and property address
- Statement that the tenancy terminates on a specified rent-paying date at least one month after receipt
- Landlord signature and date
- How to serve
- Hand it to the tenant in person; Leave it with an adult who lives there (and mail a copy if required); Post it on the door; Certified mail (return receipt). Deliver the written notice to the tenant personally; or leave it with a family member over 15 at the unit; or, if no one is home, post it on the door. Certified mail is also used. Keep proof. Double-check with the court: service methods in RSMo 441.060 and local court practice.
- Law
- RSMo 441.060
Illegal activity, violence or serious damage — 10-Day Notice to Vacate (Illegal Use)
If the tenant allows illegal drug possession, sale or distribution (or gambling, prostitution) on the premises, the lease becomes void and the landlord may give a 10-day notice to vacate. Missouri also has an expedited eviction procedure for drug-related criminal activity.
10-Day Notice to Vacate (Illegal Use)
- Notice period
- 10 days
- Counting
- Count 10 calendar days after delivery.
- Tenant can fix it?
- No
- Must include
- Tenant name(s) and property address
- Description of the illegal activity
- Statement that the lease is void and the tenant must vacate within 10 days
- Landlord signature and date
- How to serve
- Hand it to the tenant in person; Leave it with an adult who lives there (and mail a copy if required); Post it on the door; Certified mail (return receipt). Deliver the written notice to the tenant personally; or leave it with a family member over 15 at the unit; or, if no one is home, post it on the door. Certified mail is also used. Keep proof. Double-check with the court: service methods in RSMo 441.060 and local court practice.
- Law
- RSMo 441.040
- The landlord must prove the illegal activity; the landlord is protected when relying on written notice from law enforcement.
- Expedited eviction actions for drug-related activity (RSMo 441.740) move faster. VERIFY with the court.
How a tenant responds
No written answer is required in a rent and possession case; the tenant must appear at the trial/hearing date on the summons. In unlawful detainer cases, a written answer may be filed but is not strictly required before the return date. If the tenant does not appear, a default judgment is entered. The tenant has 10 days to appeal.
Deadline: at the hearing (no fixed written-answer deadline) · RSMo 535.030, 535.110, 534.090
City and local rules
- Kansas City: Tenant Bill of Rights ordinance and a right to counsel in eviction cases; landlords must give tenants a copy of the Tenant Bill of Rights.
- St. Louis City: right to counsel program for tenants. Double-check with the court: state law bans local rent control (RSMo 441.043) and limits local eviction rules.
Official court forms
Landlords
- CCAC163-WS — Verified Petition for Rent and Possession (Self-Represented Landlord)
Sources
- RSMo 535.020 (Missouri Revisor)
- RSMo 441.060
- RSMo 441.040
- RSMo 534.030
- Missouri Courts - Landlord/Tenant self-help
Checked 2026-09. General information, not legal advice; laws change and courts differ. We strive for accuracy but don’t guarantee it.