Missouri Eviction Process Timeline: Step-by-Step Guide

Facing a potential eviction can feel overwhelming. If you’re renting in Missouri, understanding the eviction process timeline can help you make informed decisions and protect your rights. This guide explains each stage step by step, covering official forms, notices, and helpful resources so you can respond confidently.

Eviction Process in Missouri: Step-by-Step Overview

Missouri law sets out a clear eviction process that landlords must follow. Here’s what typically happens and what you should expect as a renter:

1. Grounds for Eviction

• Nonpayment of rent (most common)
• Lease violations (such as unauthorized pets or property damage)
• Holdover (when the lease has ended and the tenant hasn’t left)

Landlords must have legal grounds under the Missouri Revised Statutes Chapter 535 - Landlord and Tenant before starting an eviction.

2. Written Notice to Vacate

Landlords must give you written notice before filing for eviction. The required notice depends on the cause:

• Rent nonpayment: 5-day written notice to quit.
• Lease violation: 10-day written notice to vacate.
• No specific form number—landlords usually draft their own notice. Notices must be delivered in person or posted at your residence.

If you fix the lease violation or pay the rent within this notice period, you might avoid eviction.

3. Filing the Eviction Lawsuit (Unlawful Detainer)

If you do not resolve the issue or move out, your landlord can file an Unlawful Detainer lawsuit with the appropriate Circuit Court. This is the formal court process for eviction in Missouri.

• Official form: Petition for Unlawful Detainer (OSCA Form 16.01)
• Use case: The landlord files this form to start the legal eviction process if a tenant hasn’t moved out after notice.
• Where it's filed: At the Circuit Court in the county where you live. Find your court at the Missouri Courts Directory.

4. Receiving Summons and Court Hearing

Once an Unlawful Detainer is filed, the court will issue a summons for you to appear at a scheduled hearing.

• The summons will list the court date.
• You have the right to attend and share your side.
• Court handling residential evictions: Your local Missouri Circuit Court.

If you miss the hearing, a default judgment may be entered against you, allowing the eviction to move forward quickly.

5. Judgment and Writ of Restitution

If the court decides in favor of the landlord, they will issue a Judgment for Possession. The landlord can then request a Writ of Restitution, which allows the sheriff to remove you from the property if you haven’t moved out voluntarily.

• Official form: Writ of Restitution (OSCA Form 16.03)
• Use case: Used after a court judgment to formally order your removal if you haven’t left by the date specified.

You should receive an official notice before the sheriff enforces the removal. The time frame typically ranges from a few days to a week after the court judgment.

Key Missouri Eviction Forms Every Renter Should Know

• Notice to Quit / Vacate: No standard state form. The landlord provides this.
• Petition for Unlawful Detainer (OSCA Form 16.01): Starts the court eviction case. Download here.
• Writ of Restitution (OSCA Form 16.03): Authorizes the sheriff to remove tenants after court judgment. Download here.

For up-to-date forms and processes, visit the Missouri Courts official site.

Understanding Missouri’s Tenant and Landlord Laws

The main tenancy law for Missouri is the Missouri Revised Statutes Chapter 535 – Landlord and Tenant. This statute covers notices, grounds for eviction, and court procedures. Make sure you review your local city or county rules, as there may be additional requirements.

How Long Does the Missouri Eviction Process Take?

While the timeline varies, most evictions in Missouri follow this approximate schedule:

• Notice period: 5–10 days, depending on the reason
• Court filing and hearing: 1–3 weeks after notice expires
• Enforcement (Writ of Restitution): A few days to one week after the court judgment

The entire process can take as little as two weeks or up to a month or more. Delays may occur if the court is busy or you seek legal help to contest the eviction.

FAQ: Missouri Eviction Process Timeline

1. How much notice must my landlord give me before filing for eviction in Missouri?
   Most evictions for nonpayment require a 5-day written notice. For lease violations or other reasons, a 10-day notice is typical.
2. Do I have to leave if I get an eviction notice?
   No. Receiving a notice does not mean you are legally required to leave right away—but pay attention to deadlines. If you do not resolve the issue, the landlord may take you to court.
3. Can I fight an eviction in Missouri?
   Yes. You can respond to the lawsuit and present your side at the hearing. It helps to attend court and bring any evidence or documents.
4. What happens if I lose my eviction case?
   If the court sides with the landlord, they’ll issue a judgment. You will then have a set period to move out. If you remain, a Writ of Restitution may be used to remove you.
5. Where can I find official eviction forms or more information?
   Visit the Missouri Courts landlord-tenant resources for official forms and guides.

Summary: Key Takeaways for Renters

• Landlords must provide official written notice (5 or 10 days) before going to court.
• The formal eviction process moves quickly—often within weeks.
• You have the right to contest the eviction in court and seek legal help.
• Always review notices and court papers carefully and act before deadlines.

Need Help? Resources for Renters

• Missouri Courts Landlord-Tenant Resource Page
• Missouri Attorney General’s Landlord-Tenant Law Guide
• Find a Missouri Lawyer (Missouri Bar)
• For local legal aid: Legal Services of Missouri

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1. Missouri Revised Statutes Chapter 535 – Landlord and Tenant
2. Missouri Courts: Landlord-Tenant Information
3. Missouri Courts Official Website
4. Missouri Attorney General: Landlord-Tenant Law

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