Steps and Timeline of the Eviction Process in Missouri [2021 Updates]
The main legal causes for eviction in Missouri are nonpayment of rent, lease violations, violating the law, and failure to leave the premises after the lease expires.
Landlords have to file either a Rent and Possession lawsuit or an Unlawful Detainer lawsuit based on the cause for the eviction lawsuit.
Rent and Possession Lawsuit
Rent and Possession action is filed when the cause for eviction is unpaid rent. The requirements to file this action is that there must be an agreement to pay rent, that the tenants owe back rent, the landlord demanded the tenants pay rent and they didn’t pay.
Notice requirement to file Rent and Possession: The landlord must make a demand that the tenant pays rent before filing a lawsuit but Missouri law doesn’t require the landlord to wait after the Demand for Rent is made before filing a lawsuit.
This type of eviction lawsuit proceeds quickly through the courts. It typically takes 25 to 35 days for a Final Judgement to be entered.
Here are the steps in a Rent and Possession lawsuit:
- Send a written Demand for Rent letter.
- File an eviction petition at the courthouse in the county where your property is located.
- The court schedules a hearing and issues a summons. 5-7 Days after filing
- The petition for eviction and the summons is served to the tenant by a process server – 15 to 20 days after filing.
- Hearing and Final Judgement- 25-35 Days after filing
- File a Writ of Restitution and schedule the Sherriff to physically remove the tenant if they don’t leave after a Final judgment is entered.
The cost for a Rent and Possession eviction for DYI (Pro Se) eviction is from $150 to $300 depending on the county and the services required. An attorney fee is around $250, more if the tenant disputes the allegations.
Note that if you own the property as a business entity, you have to be represented by an attorney. If you need to hire an experienced attorney, check out Rentce’s Lawyer Directory for attorneys specializing in landlord-tenant law.
Unlawful Detainer Lawsuit
An Unlawful Detainer eviction lawsuit is filed for lease violations, for violating the law or refusing to leave after the lease expires. The landlord doesn’t have to show that rent is due.
The landlord must serve a Ten Day Notice to Vacate before filing for eviction. The tenants should be given ten business days to correct the lease violation or leave.
How to serve the Ten Day Notice:
- The best way is to serve the notice in person. Note on your copy of the notice, who accepted the notice, and the date.
- Leave a copy with someone over the age of 15 present at the property, or a member of the tenant’s family
- Post the notice on the front door or another place where the tenant will notice it. Make sure it’s attached well.
- Certified mail.
How long would an Unlawful Detainer lawsuit last?
Unlawful detainer lawsuits can last longer and both parties can request a jury trial. A default judgment for “unlawful detainer” action becomes final after 30 days. However, if the tenant disputes your claims, the entire process can take up to three months.
Where can you file an eviction lawsuit?
In Missouri, you have to file an eviction lawsuit in the circuit court in the county where the property is located.
Resources:
Missouri Court Home – Find your court
Case.net – Search cases
