What to Expect as a Renter in Missouri Eviction Court
Facing eviction in Missouri can be stressful and confusing, especially if you’ve never been to court before. Understanding the Missouri eviction process, your rights, and what to expect in court can help you feel more prepared and empowered to respond.
Understanding Eviction in Missouri
Eviction is a legal process where a landlord asks a court to order a tenant to leave a rental unit. In Missouri, eviction cases are handled by the Missouri Circuit Courts. The state’s main tenant protection laws are found in the Missouri Revised Statutes, Chapter 535: Landlord and Tenant[1].
When Can a Landlord Start an Eviction?
Landlords in Missouri can file for eviction (also called an “unlawful detainer” action) for several reasons, including:
- Nonpayment of rent
- Lease violations (e.g., unauthorized occupants, damage)
- Staying after the lease ends (holdover tenancy)
Before a landlord can begin a court case, Missouri law usually requires them to give tenants a written notice to vacate or fix the problem.
The Missouri Eviction Court Process: Step by Step
The eviction court process in Missouri involves several formal steps. Here’s what typically happens:
1. Landlord Gives Written Notice
- Rent Nonpayment: Landlords usually must give tenants a Demand for Rent Notice (no specific form required) requiring payment or moveout. There’s no required notice period for nonpayment, but many landlords give at least three days.[2]
- Lease Violations: For other lease breaches, a landlord must give a written notice to vacate (no mandatory form).
- Example: If a tenant has an unauthorized pet, the landlord serves a written notice asking the tenant to remove it or leave.
2. Landlord Files a Lawsuit
- The landlord files either a Rent and Possession Petition (for nonpayment) or an Unlawful Detainer Petition (for other violations).
- Rent and Possession Petition (Form M310): Used when the eviction is for unpaid rent. The landlord files this at the local Circuit Court.[3]
- Summons—Unlawful Detainer (Form M313): The court issues this to notify the tenant of the lawsuit and court date.[4]
- Tenants are served with official court papers (summons and petition), usually by a sheriff or process server.
3. Preparing for Your Court Date
You have the right to attend your court hearing and explain your side. At the hearing, a judge will listen to both the landlord and the tenant. Here’s how you can prepare:
- Gather any lease agreements, payment records, photos, witnesses, or other evidence.
- Review the court paperwork for accuracy and deadlines.
- Arrive at the courthouse early and dress respectfully.
4. The Hearing: What to Expect
- The judge will listen to both the landlord and tenant. You’ll have a chance to respond to the claims and present evidence.
- You may be able to ask the judge questions or request more time to move (sometimes called a “stay of execution”).
- If you do not attend the hearing, the judge may decide the case “by default” in favor of the landlord.
- If the tenant wins, the judge dismisses the case. If the landlord wins, the judge usually gives a short period (often 10 days) before the tenant must move out.
If you receive court papers, act quickly! Missing your hearing usually means the landlord automatically wins.
5. If the Judge Rules Against You
If the court orders your eviction, they will issue a Judgment for Possession. The landlord can then request a Writ of Possession—an official order for law enforcement to remove you if you don’t move by the deadline.
- You may still have a short time (usually about 10 days) to appeal or file a motion to stay the eviction.
Key Official Forms Used in Missouri Evictions
- Rent and Possession Petition (Form M310): Used by landlords when claiming unpaid rent. You may receive a copy if your landlord alleges you're behind on rent. Download from Missouri Courts.
- Summons—Unlawful Detainer (Form M313): Court order notifying you of the eviction case and hearing date. Respond promptly. Download from Missouri Courts.
- Writ of Possession: Issued after a court order for eviction. This allows the sheriff to remove tenants if they haven't moved by the final deadline. Request copies and information from your local Circuit Court.
Always read forms carefully and check deadlines. If you’re unsure, reach out to Legal Services of Missouri or the court clerk for guidance on what each document means.
Summary of Missouri’s Eviction Laws and Process
Eviction in Missouri must follow strict legal rules under Chapter 535 of the Missouri Revised Statutes. Tenants always have the right to appear in court, present evidence, and defend their case. If an eviction order is issued, tenants may have a short time to move or appeal.
FAQ: Missouri Eviction Court
- What happens if I miss my Missouri eviction court date? If you do not attend, the judge may issue a default judgment in favor of your landlord, allowing an eviction to proceed without hearing your side.
- Can I pay the rent owed and stop the eviction? Sometimes. For nonpayment cases, paying all rent and court costs before the judgment may result in your case being dismissed. Act as soon as possible and bring proof to court.
- How much notice do landlords have to give before filing for eviction? Notice periods vary: for rent nonpayment, no specific time is required; for other violations or holdovers, written notices are usually required but periods may differ by situation.
- Do I need a lawyer to attend eviction court in Missouri? No, but having legal assistance can help. Free legal aid is available for qualifying tenants through organizations like Legal Services of Missouri.
- Where do I find Missouri eviction forms and information? Official forms and guidance are available at the Missouri Courts – Landlord Tenant Resources page.
Conclusion: What Missouri Renters Should Keep in Mind
- Missouri eviction is a legal process with specific steps and required court forms.
- Tenants have the right to attend court, present evidence, and respond to claims.
- Missing deadlines or ignoring court papers can lead to automatic eviction orders.
If you receive eviction papers, read everything carefully and seek assistance promptly to protect your home.
Need Help? Resources for Renters
- Missouri Circuit Courts – Landlord and Tenant Resources (Official forms and procedures)
- Legal Services of Missouri (Free legal help for low-income tenants)
- Missouri Revised Statutes Chapter 535 – Landlord and Tenant Law
- Missouri Attorney General – Landlord/Tenant Law
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Bob Jones
Editor & Researcher, Tenant Rights USA
Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.
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