What You're Getting Into
Missouri law requires you to give proper written notice BEFORE you can file in court. If you skip the notice step or serve it incorrectly, your case will be dismissed and you'll have to start over. Follow the notice requirements exactly.
An eviction in Missouri is called an Unlawful Detainer action. It's a civil lawsuit filed in the Associate Circuit Court of the county where the property is located. Missouri eviction law is covered under RSMo Chapter 535.
The process has four stages: Notice → File → Serve → Hearing. Each must be completed correctly or the case gets thrown out. The good news: Missouri's eviction process is one of the more landlord-friendly in the country. If you follow the steps, most uncontested cases are resolved in 3–5 weeks.
Commercial evictions, Section 8 / HUD tenants, evictions involving retaliatory claims, properties with more than 4 units, or any case where the tenant has hired a lawyer. For standard residential evictions with clear non-payment or lease violations — you can handle this yourself.
Give Proper Written Notice
Before you can file anything in court, you must give the tenant written notice. The type of notice and how long you must wait depends on why you're evicting.
| Reason for Eviction | Notice Required | Wait Period |
|---|---|---|
| Non-payment of rent | Demand for Rent or Possession | Demand must be made — no waiting period required before filing |
| Lease violation (curable) | Notice to Cure or Quit | Reasonable time to cure (typically 10–14 days) |
| Lease violation (incurable) | Notice to Quit | 10 days |
| Month-to-month tenancy termination | Notice to Quit | 1 month written notice |
| End of lease term (holdover tenant) | Notice to Quit | 10 days after lease expires |
Missouri courts require you to deliver the notice in person OR post it on the main entry door AND mail a copy via first-class mail. Keep a written record of exactly when and how you delivered it. You'll need this in court.
Non-payment eviction demand: RSMo § 535.020. Notice to quit for lease violations: RSMo § 441.040. Month-to-month termination: RSMo § 441.060.
File in Associate Circuit Court
After the notice period has passed and the tenant has not paid, moved, or cured the violation, you can file your eviction petition in the Associate Circuit Court of the county where the rental property is located.
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Go to the Right Court
File in the Associate Circuit Court for the county where the property is located — not where you live. For St. Louis City properties, file at the St. Louis Civil Courts Building (10 N Tucker Blvd). For St. Louis County, file at the Clayton courthouse (7900 Carondelet Ave).
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Complete the Petition for Unlawful Detainer
This is the core filing document. You'll fill in: your name and address, tenant's name and address, property address, type of tenancy, date of lease/rental agreement, reason for eviction, amount of rent owed (if applicable), and the relief you're requesting (possession, back rent, or both).
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Bring Your Supporting Documents
Copy of the lease or rental agreement. Copy of the notice you served the tenant. Any written record of how and when you delivered the notice. Rent ledger showing amounts owed (for non-payment cases).
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Pay the Filing Fee
Filing fees vary by county. St. Louis City: approximately $45–$65. St. Louis County: similar range. Other Missouri counties may vary. Cash or money order accepted at most clerk's offices — call ahead to confirm payment methods.
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Get Your Court Date
The clerk will assign a hearing date, typically 10–21 days out. You'll receive a summons to be served on the tenant. This is where service of process comes in — see Step 3 below.
Filing Monday or Tuesday gives you the most scheduling flexibility and ensures you can get same-day service through a private process server before the court's deadline.
The Forms You Need
All forms below link directly to official Missouri court sources. We never host forms ourselves — these links go to the real thing, always current.
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Petition for Unlawful Detainer (Eviction Petition)
The main filing document. One per tenant. Fill out completely — missing fields cause rejection at the clerk's window.
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Summons
Issued by the court after you file. This is what gets served on the tenant. Do not fill this out yourself — the clerk prepares it.
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Demand for Rent (Non-Payment Cases)
Written demand served on the tenant before filing. Required for non-payment evictions under RSMo § 535.020.
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Writ of Execution / Writ of Possession
Issued by the court AFTER you win your judgment. This is what authorizes the Sheriff to remove the tenant if they don't leave voluntarily.
The Missouri Courts website has a full self-represented litigant resource center at courts.mo.gov. If you can't find a specific form, call the clerk's office — they cannot give legal advice but they can tell you which forms you need.
Serving the Tenant: Don't Use the Sheriff
After you file, the court issues a summons. This must be personally served on every tenant named in your petition before the hearing date. If the tenant isn't properly served, your hearing gets postponed — and you wait another 2–4 weeks.
Missouri courts require service to be completed a minimum of 3 days before the hearing. Miss the deadline and the case is continued. That means another month of unpaid rent.
They Can Run.
They Can't Hide.
Missouri law does NOT require you to use the Sheriff for service of process. You can use any licensed private process server — and you should. Here's why:
- Same-day service available — file Monday, served Monday
- Body camera documentation on every serve — bulletproof proof
- Real-time GPS tracking — know exactly when service happened
- Same-day affidavit of service — file it with the court immediately
- Skip tracing for tenants who've moved or are avoiding service
- Experienced servers who know St. Louis courts and procedures
The Sheriff takes 2–6 weeks and gives you a paper return. CPS gets it done today.
Under RSMo § 535.030, the summons in an unlawful detainer action may be served by the sheriff, a deputy sheriff, or any person who is not a party to the action and is 18 years or older. A licensed private process server qualifies. Service must be made at least 3 days before the return date stated in the summons.
The Court Hearing
Missouri eviction hearings are typically brief — often 10–15 minutes for uncontested cases. Show up early, dress professionally, and bring everything organized.
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What to Bring
Original lease or rental agreement (and copies). Proof of notice delivery with dates. Affidavit of service from your process server. Rent ledger showing amounts owed. Any written communication with the tenant about the issue. Photo ID.
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If the Tenant Doesn't Show Up
You win by default judgment. The judge will grant you possession of the property and typically the rent owed. This is the most common outcome for non-payment cases.
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If the Tenant Does Show Up
Present your case simply and factually. State your name, identify the property, explain the violation, and show your documentation. The judge will ask both sides questions. Stick to facts, not emotions.
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After You Win — Writ of Possession
If the tenant doesn't leave within the time the judge specifies (usually 24–48 hours), return to the court clerk and request a Writ of Possession. This authorizes the Sheriff to physically remove the tenant and their belongings. This part does go through the Sheriff — it's a separate step from service of process.
Winning possession doesn't automatically collect back rent. If you want to pursue the money, ask the judge for a money judgment in addition to possession. You can then pursue collection separately through wage garnishment or bank levy.
Free Legal Aid in Missouri
If your case becomes contested or complicated, these free and low-cost resources can help.
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Legal Services of Eastern Missouri
Free civil legal aid for low-income residents in the St. Louis region.
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Missouri Courts Self-Help Center
Official court forms, guides, and resources for self-represented litigants.
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Missouri Bar Lawyer Referral Service
Find a Missouri attorney for a paid consultation. Initial consultations often $50 or less.
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St. Louis County Self-Help Center
Walk-in help for people representing themselves in St. Louis County courts.
Want Everything Organized in One Place?
The guide above is free and covers everything you need. The kit takes all of it and organizes it into one clean PDF you can print, check off, and bring to the courthouse.
- ✓ Step-by-step filing checklist with checkboxes
- ✓ County-by-county filing fee schedule
- ✓ Notice template with delivery instructions
- ✓ Forms in the correct filing order
- ✓ Court day preparation checklist
- ✓ Legal terms glossary for eviction cases
- ✓ Service of process guide with CPS contact info
Based on official Missouri court requirements