Missouri Eviction Process: Rent and Possession, the 10-Day Window, and Execution

Missouri has two kinds of eviction case. A rent and possession case is for unpaid rent [1]. An unlawful detainer case is for a tenant who stays after the tenancy has ended [9]. A rent and possession case is filed with an associate circuit judge in the county where the rental is [1].

Starting the case

For unpaid rent, the landlord files a sworn statement with an associate circuit judge listing the rental terms, the rent owed and the property [1]. The statement must say the rent was demanded and not paid [1]. Missouri doesn’t require a written notice period first: the statute says the one-month notice in section 441.060 “is not required” before a rent and possession filing [1].

When a tenancy ends for another reason, notice matters. A month-to-month tenancy ends with written notice at least one month before a rent day, and oral leases are treated as month-to-month [7]. A tenant who holds over after the tenancy ends is guilty of an unlawful detainer under Missouri law, and the landlord can file that case [9].

Service and the court date

The summons must set a court date no more than 21 business days after it’s issued, unless the landlord agrees in writing to a later date [2]. Personal service must happen at least 4 days before court [2].

If the landlord asks, the clerk can order the summons posted on the home and mailed to the tenant, both at least 10 days before court [2]. If a tenant served only that way doesn’t show up, the judge can award possession but no money judgment [2].

Paying to stop the case

Missouri’s chance to pay and stay is narrow, and it’s tied to the court dates [4]:

• On the judgment date: if the tenant pays the landlord, or deposits with the court, all rent owed plus costs on the day a money judgment is given, further proceedings stop [4].
• After trial, before the judgment is final: paying the full money judgment and all costs halts the execution for possession [4].
• Possession-only judgments: if there’s no money judgment, paying doesn’t stay the eviction, except through an appeal bond, court rules or an agreement with the landlord [4].

After judgment: 10 days

A tenant has 10 days from the judgment to ask the court to set it aside or apply for a trial de novo [2]. If the tenant didn’t appear, the clerk must mail notice of this deadline on the judgment date [2].

A new trial or appeal doesn’t stop the eviction unless the tenant posts a bond within 10 days. The bond must cover damages, costs and rent due, and rent that comes due during the appeal must be paid into court within 10 days of each due date [5].

Removal

An execution to restore possession can’t issue sooner than 10 days after judgment [6]. Once the officer receives it, the officer is to deliver possession to the landlord within 5 days [3]. Missouri’s tenancy law also says that if possession isn’t delivered within seven days of the officer receiving the writ, the landlord may act within 60 days of the judgment [7].

Tenant protections

Repair and deduct. Missouri lets some tenants fix a problem and take the cost out of rent [8]. The tenant must have lived there at least six months, be current on rent, and have no uncured written lease violation notice [8]. The problem has to affect habitability, sanitation or security and violate a local housing or building code [8]. The landlord gets 14 days after written notice to fix it, or less in an emergency [8]. The repair must cost less than the greater of $300 or half a month’s rent, and the total deducted can’t exceed one month’s rent in any 12 months [8].

Where to get help

• Circuit clerk’s office in your county: court dates, filings and forms.
• Legal aid: Missouri’s legal aid programs help eligible tenants with eviction cases.
• A landlord-tenant attorney: worth calling before the first court date.