Missouri Renters: Partial Rent Payments and Eviction Risk

Partial rent payments can happen for many reasons, especially when renters are facing financial challenges. If you’re renting in Missouri, understanding how partial payment affects your eviction risk is crucial. Missouri law treats partial payments differently than some other states, so knowing your protections and responsibilities can help you avoid misunderstandings or negative consequences with your landlord.

How Partial Rent Payments Work in Missouri

In Missouri, your landlord is not required to accept partial rent payments unless your lease or rental agreement specifically allows this. If you make a partial payment and your landlord accepts it, this does not always prevent eviction for the remaining unpaid balance.

• Missouri law allows a landlord to accept partial rent and still pursue eviction for the remaining unpaid rent.
• You and your landlord can agree, in writing, that a partial payment will stop or delay eviction — but this must be clear in your agreement.
• Without a clear agreement, paying part of your rent may still leave you at risk of being evicted for nonpayment.

Documentation and Receipts

Always request a receipt for any rent payments, including partial ones. This creates a record of what you paid and when, which may help if disputes arise.

Missouri Eviction Process and Partial Payments

Missouri landlords must follow a formal legal process to evict a renter. If you have not paid the full rent, your landlord may start eviction even after accepting a partial payment, unless you both sign an agreement stating otherwise.

• Rent must be paid in full and on time, unless your lease states otherwise.
• If you fall behind on rent, the landlord may issue a formal Notice to Vacate/Demand for Rent.
• After serving notice, if the balance remains unpaid, the landlord can file an eviction lawsuit with the local circuit court.

Official Forms Used in Missouri Eviction Process

• Notice to Vacate/Demand for Rent (no official statewide form number)
  This is usually a written demand from the landlord asking you to pay overdue rent or vacate the property. It must state the amount due and by when it must be paid. Example: If you owe $700 and can only pay $400, but don’t pay the balance by the deadline, this notice could be the first step in eviction.
  Learn more or see example forms at the Missouri Courts – Landlord Actions page.
• PETITION FOR RENT AND POSSESSION (OSCA CR 310-4)
  Used by landlords to start a court case for eviction after missed rent payments. If you receive this, the process has moved to court. Full details and the official form are available from the Missouri Courts – Official Forms: Rent and Possession Petition.
  Example: If you still owe back rent after a partial payment, and can’t resolve the issue, you may be served with this petition.
• SUMMONS (OSCA CR 310-1)
  This is a court document summoning you to appear in court regarding eviction. Get details at the Missouri Courts – Summons (Rent & Possession) page.
  Example: If your case proceeds, you’ll get a Summons explaining when you must come to court to defend against eviction.

What Happens If a Landlord Accepts Your Partial Rent Payment?

According to Missouri Revised Statutes Section 535.060, accepting a partial payment does not automatically mean your landlord gives up the right to evict for the remaining balance. Some court judges may require landlords to give you written notice explaining this, but it isn’t always required under Missouri law.

Tips for Missouri Renters Facing Partial Payment Situations

• Communicate clearly and quickly with your landlord about your situation.
• Ask for any agreements about partial payment and eviction in writing.
• Keep all receipts and written communication related to your rent payments.
• Read and refer to your lease agreement’s language about rent payments and late fees.

Eviction Tribunal and Tenant Rights Legislation in Missouri

Eviction (“rent and possession”) cases are handled by your local Missouri Circuit Courts. Missouri’s landlord-tenant law is covered under Missouri Revised Statutes Chapter 535.

Steps Renters Can Take If Facing Eviction After Partial Payment

If you receive a Notice to Vacate or a Petition for Rent and Possession after making a partial payment, act quickly:

• Review the notice for deadlines and total amount owed.
• Try to pay the full remaining balance if possible, or contact your landlord to negotiate.
• Prepare for your court hearing. Gather all receipts and communications proving your payment efforts.
• Consider contacting free legal assistance for renters in Missouri, such as Legal Aid of Western Missouri or the Missouri Attorney General’s Office.

1. What happens if my landlord accepts a partial rent payment?
2. Can I stop eviction by paying only part of my rent in Missouri?
3. How do I respond if I receive an eviction petition?
4. What forms will I receive in a Missouri eviction process?

FAQs about Partial Rent Payments and Eviction in Missouri

1. Can my landlord evict me if I pay part of my rent but not all?
   Yes, unless your landlord agrees in writing not to pursue eviction, they may accept your partial payment and still file for eviction for the remaining balance.
2. Does my landlord have to accept a partial rent payment in Missouri?
   No. Missouri law does not require landlords to accept anything less than full rent unless your lease allows partial payments.
3. What should I do if I receive a Notice to Vacate after making a partial payment?
   Act quickly: Speak with your landlord, attempt to pay the remainder, and keep all records. Consider seeking legal help before any court deadlines.
4. Is there an official form I can file to stop eviction if I pay the remaining balance?
   No official tenant form exists for this situation in Missouri, but paying the full amount owed before the court hearing may stop or delay the eviction.
5. Where can I find legal help in Missouri for eviction issues?
   Legal Aid of Western Missouri and the Missouri Attorney General’s Office offer information and resources for renters facing eviction.

Conclusion: Key Takeaways for Missouri Renters

• Partial rent payments often do not protect you from eviction in Missouri.
• Always keep receipts and request written agreements if making less than a full payment.
• If you receive eviction papers, act quickly and seek help from legal professionals or advocacy groups.

Knowing your rights and what to expect helps you make informed decisions in challenging situations involving rent payments and possible eviction in Missouri.

Need Help? Resources for Renters

• Missouri Circuit Courts – For filing questions and court location lookup
• Missouri Attorney General – Landlord-Tenant Law Resources
• Legal Aid of Western Missouri – Free legal support for qualifying renters
• Missouri Revised Statutes Chapter 535 – Official state law on landlord-tenant issues

---

1. Missouri Revised Statutes, Section 535.060 - Rent and Possession Actions
2. Missouri Circuit Courts – Eviction Information
3. Petition for Rent and Possession (OSCA CR 310-4)
4. Missouri Attorney General – Landlord Tenant Law

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations