How to Evict a Tenant in Missouri: Laws, Process, and Timeline
Missouri Eviction Timeline 2026: No Fixed Notice for Nonpayment, But a Demand Is Still Required
Missouri never adopted a uniform landlord-tenant act, but that doesn’t mean the rules vary by county — RSMo Chapters 441, 534, and 535 apply the same way everywhere in the state, and since 2025 § 441.043 also blocks cities and counties from four specific kinds of tenant ordinance, discussed below. This page covers the eviction lawsuit itself: the pre-filing demand, the court action, the hearing, the writ. Deposits, repair rights, and lease disclosures are on our Missouri landlord-tenant law guide.
Grounds and Notice Periods
Skip the search for a fixed number of days here — there isn’t one. RSMo § 535.020 carves rent-and-possession cases out of the general landlord-tenant notice requirement, so a landlord doesn’t wait out a calendar window before filing. What the statute doesn’t waive is the demand itself: the landlord’s affidavit has to state that the rent was demanded and not paid. Under § 535.060 a demand is good any time after the rent falls due, so once the ask goes unmet, nothing else stands between the landlord and the courthouse — the filing can happen the same day.
| Ground | Notice Period | Statute | Curable? |
|---|---|---|---|
| Non-payment of rent | No fixed waiting period — a demand for the overdue rent is required first | § 535.020 | Yes — tendering all rent in arrears plus court costs on the day the money judgment is given ends the case; paying the judgment and costs after trial but before it becomes final stays the eviction (§ 535.160) |
| Violating a condition of a written lease, assigning without the landlord’s written consent, waste, or allowing gambling, a brothel, or illegal drug possession or sale on the premises | 10 days to vacate | § 441.040 (referencing §§ 441.020–441.030) | No — this is a straight notice to vacate, not a cure notice |
| No-cause, month-to-month (or any unwritten tenancy) | One month, effective on a periodic rent-paying date | § 441.060 | N/A |
| Drug-related criminal activity by the tenant | Expedited — no notice to vacate required before filing (§ 441.780); hearing no later than 15 days after service | § 441.740, § 441.720, § 441.780 | No — once grounds are proven, the tenant has 24 hours to vacate (§ 441.770) |
| Drug-related activity by someone other than the tenant | At least 5 days’ written notice naming the conduct and the statute before filing | § 441.740, § 441.750 | Yes, narrowly — the case can’t be filed if the tenant seeks a protective or restraining order against the person, or reports the activity to police or the prosecutor, and gives the landlord written proof |
One correction against an older reading of this page: § 441.040 isn’t a blank “per lease terms” entry. It sets a fixed 10-day notice to vacate, with no cure, for the tenant duties in § 441.030 — which covers a tenant for a term of two years or less, at will, or by sufferance who assigns without written consent, commits waste, or violates “any of the conditions of his written lease” — and for the gambling, brothel, and drug uses in § 441.020. A breach of a written lease therefore does have statutory backing in Missouri; for breaking the terms of an unwritten month-to-month arrangement, the route is the one-month termination notice in § 441.060.
The Local-Ordinance Landscape Changed in 2025
A guide written before August 2025 would list Kansas City and St. Louis tenant-protection ordinances without qualification. That’s no longer complete. RSMo § 441.043, as amended by HB 595 & 343 and in force since August 28, 2025, took four specific categories of local ordinance off the table statewide: limits on the screening criteria a landlord uses (income, credit, eviction or criminal history), caps on security deposits, automatic right-of-first-refusal rules, and any ordinance that bars a landlord from turning down a tenant because rent is paid with housing-assistance funds. That list is narrow by design — a city can still regulate its own property, and an ordinance covering veterans’ benefits as an income source is untouched. Whether a particular pre-2025 KC or STL ordinance lands inside one of those four categories isn’t something this page can answer in the abstract; the city’s own current published guidance is the thing to check, not an older ordinance’s text.
The Court Process
- File. A rent-and-possession suit or unlawful detainer action goes to the associate circuit court where the property is located.
- Serve the tenant. The sheriff or a process server delivers the summons and petition.
- Hearing. In a rent-and-possession case the summons date can’t be more than 21 business days after the summons issues unless the landlord agrees in writing to a later date, and personal service has to happen at least 4 days before it (§ 535.030); posting-and-mailing service needs 10 days.
- Judgment. A landlord who wins gets a judgment for possession. The tenant then has 10 days to move to set it aside or apply for a trial de novo; otherwise it becomes final (§ 535.030.4).
- Writ of execution or restitution. An execution to restore possession can’t issue sooner than 10 days after judgment, and an appeal bond stays it (§ 534.350).
- Removal. The sheriff executes the writ. If the officer hasn’t delivered possession within 7 days of receiving the writ, § 441.060.5 lets the landlord, within 60 days of judgment and with a local law enforcement officer present, change the locks and remove what’s left.
No single verified figure covers how long the whole process runs — court caseload in Kansas City and St. Louis specifically moves that number more than any flat range does.
What This Costs
Filing fees are set by the associate circuit court and vary by case type — check the current schedule for the specific court before filing.
What a Landlord Cannot Do
Under § 441.233, a landlord who removes or excludes a tenant or the tenant’s belongings without judicial process and a court order, takes off the doors or locks, or willfully interrupts electric, gas, water, or sewer service is deemed guilty of forcible entry and detainer under Chapter 534. Retaliation is a different story: none of the three eviction chapters (441, 534, 535) contains a retaliatory-eviction section, so Missouri law sets no statutory retaliation presumption or time window at all.
Frequently Asked Questions
Does Missouri require notice before filing an eviction for unpaid rent? Not a fixed-day notice — but a demand for the overdue rent is still required first. RSMo § 535.020 waives the general notice requirement specifically for rent-and-possession cases, not the demand itself; skip the demand, and filing isn’t allowed.
Does § 441.040 cover a breach of the lease? Yes, for a written lease. Through § 441.030 it reaches any violation of “the conditions of his written lease” by a tenant for a term of two years or less, at will, or by sufferance, plus assignment without written consent and waste — each on a 10-day, no-cure notice to vacate.
Are Kansas City and St. Louis eviction rules still different from the rest of Missouri after 2025? Partly. HB 595, effective August 28, 2025, bars local ordinances on screening criteria, deposit caps, right-of-first-refusal rules, and housing-assistance-source-of-income protections specifically — it doesn’t wipe out every local tenant protection. Local rules outside those four categories, and ordinances protecting tenants who receive veterans’ benefits, are expressly left standing; check the city’s current position rather than an older ordinance’s text.