Missouri Eviction Notice Requirements

Missouri landlords can file a rent and possession case under RSMo § 535.020 once rent is due and has been demanded; state law doesn't set a waiting period after the demand. Under RSMo §§ 441.030 and 441.040, if a tenant violates the conditions of a written lease, assigns or sublets without written consent, commits waste, or allows certain illegal activity on the property, the landlord may give 10 days' notice to vacate. A month-to-month tenancy ends with written notice ending on a rent due date at least one month after it is received, under § 441.060.

Although the statute doesn't require the rent demand to be in writing, a dated written notice stating the amount owed and a deadline creates a clear record. Notices for lease violations and month-to-month terminations should be in writing, state the reason or termination date, and be delivered in a way you can prove. The month-to-month notice under § 441.060 isn't required before filing a rent and possession case.

If the tenant doesn't pay or leave, the landlord files with an associate circuit judge in the county where the property is located. In a rent and possession case, a tenant who tenders all rent due and court costs at the hearing stops the case. Under RSMo § 441.233, a landlord who removes or locks out a tenant without a court order, or cuts off electric, gas, water or sewer service, is guilty of forcible entry and detainer. The officer named in the court's execution delivers possession to the landlord.