The Missouri eviction notice forms are used to inform a tenant of their breach of a lease or that the rental term is up at the end of thirty days. In Missouri, if a tenant is late on rent, there is no notice requirement, but there has to be a written demand. The summons on a rent and possession lawsuit is considered sufficient written demand of the rent is over a month late, however, it makes sense to issue a Written Demand in order to potentially avoid having to proceed with a lawsuit. If tenant still refuses to pay after the written demand, landlord may Petition for Rent and Possession the Circuit Court for recovery of rent and possession.
FAQ’s – Use the guide to Frequently Asked Questions about the eviction process in Missouri.
Notices By Type
Notice to Quit (Non-Payment) – Also known as a Written Demand, according to § 535.010, the landlord does not have to provide the tenant with notice that their rent is late, but there must be a Written Demand sent. The rent and possession lawsuit can constitute written demand as long as rent is at least a month late, but for a healthy landlord-tenant relationship, in addition to saving court costs to the landlord, it is recommended the landlord provide a written demand.
10-Day Notice to Quit (Non-Compliance) – This form is used when tenant is breaching the terms of the lease other than by not paying rent. Tenant will have ten days to cure the breach or will have to vacate.
30-Day Notice to Quit (Month to Month) – This form is used to provide a party notice that they intend to end the month-to-month tenancy at the end of thirty days.
When is Rent Due
Rent is due immediately on the date specified in the lease in Missouri. Written demand is required before a lawsuit can be filed. (A summons is sufficient if rent is more than a month late.
How to Evict (Process)
Step 1 – First, a landlord must provide the proper notice to tenant of his or her intention to seek eviction if tenant does not comply. In Missouri, if rent is later, a Written Demand (Notice to Quit) is required before going to court, however, if rent is more than a month late, the service of process of a lawsuit is sufficient demand. If there is a breach of some other term of the lease, other than for non-payment of rent, landlord may use this form: 10-Day Notice to Quit (Non-Compliance). If landlord or tenant is seeking to end a month-to-month tenancy, use this form: 30-Day Notice to Quit (Month to Month).
Step 2 – If tenant fails to respond to landlord’s notices, landlord may proceed with a Petition for Rent and Possession in Circuit Court. The petition must be served on tenant either by a private process server, or the landlord can make a Motion for the court to serve the tenant. If the landlord seeks to remove tenant for other breach, he or she must file an unlawful detainer action.
Step 3 – If the landlord prevails, the court will issue a judgment in favor of the landlord. Tenant will have ten days to appeal, after which the landlord may apply for a writ of possession. Each county has their own form. Here is an example of a Request for Writ of Possession from Lafayette county.