What notice does a landlord have to give before evicting for unpaid rent in Missouri?
For a rent-and-possession case, the landlord must have demanded the rent, and it must remain unpaid. The landlord then files a verified statement. No written notice period is required, and the § 441.060 notice is expressly not required before filing.
Verified Source: RSMo § 535.020 · last checked 2026-10-15
How this works in Missouri
Missouri's rent-and-possession case doesn't use a formal notice to quit. The key step is demanding the rent. Once rent is due, you've demanded it and it hasn't been paid, you file a statement verified by affidavit with an associate circuit judge in the county where the property sits.
Step by step in Missouri
Once rent is due and payable, demand payment from the tenant or occupant, and keep a record of the demand.
If it still isn't paid, prepare a statement verified by affidavit.
Include the rental terms, the rent actually due, that you demanded it and weren't paid, and a description of the property.
File it with an associate circuit judge in the county where the property is located.
You can add other unpaid sums from the lease, but not property damage, to the same case.
Common Missouri mistakes to avoid
Filing without first demanding the rent.
Serving a separate section 441.060 termination notice and waiting it out. It isn't required for this case.
This is general information, not legal advice. The verified rule and official sources above control. Check the source or a local attorney for your situation.
Related Missouri rules
Eviction court process & timeline
The summons must be served at least 4 days before the court date, which may be no more than 21 business days after the summons is issued unless the landlord agrees in writing to a later date.
Missouri court costs are set statewide under RSMo 488.012, and local surcharges and sheriff service fees are added, so the total to file an eviction varies by circuit. Example: St. Louis County (21st Circuit) requires a $53.50 deposit for rent and possession or unlawful detainer cases (chapters 534 and 535), plus sheriff fees.
Removing or excluding a tenant or their belongings without a court order, removing doors or locks, or willfully interrupting electric, gas, water or sewer service is forcible entry and detainer under ch. 534. Interruptions for health or safety reasons are excepted.
A tenant who willfully holds over after the term ends, and after a written demand for possession, owes double the yearly value of the property for the time the owner is kept out.
Missouri gives tenants two receivership procedures, not a general right to withhold rent. If the owner of a master-metered building fails to pay for heat-related utilities, the utility or any tenant can petition the court for a receiver (441.650). If a building is a nuisance, the court can appoint a receiver and order rents paid to the receiver, and paying under that order is a defense to eviction for nonpayment (441.570, 441.580). Under 441.510, only a county, city, local housing corporation or neighborhood association can apply for the nuisance receiver.
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