Two kinds of eviction cases

Picking the wrong case, or skipping the written demand, is a common reason landlord cases get thrown out.

How fast an unpaid-rent case moves

• The court date is set no more than 21 business days after the summons is issued. The tenant must be served at least four days before that date.
• If the tenant cannot be found, the landlord can ask to post the papers on the door and mail them, at least ten days before court. If the tenant then does not show up, the court can give the landlord the property back, but not a money judgment.
• If the tenant pays all rent due plus court costs at the hearing, the court will not order the tenant out.
• If the landlord wins, the sheriff hands over the property within five days after getting the court’s order.
• A tenant who appeals must post a bond within ten days and pay new rent into court to stay in the home.

Ending a lease without going to court

A month-to-month rental ends with one month’s written notice from either side. The move-out date must fall on a rent due date. A rental with no signed written lease is treated as month-to-month.

A year-to-year rental needs written notice at least 60 days before the year ends. A lease for a set term just ends on its end date. If the tenant stays past it without the landlord’s okay, the landlord can file to remove them.

Lockouts and shutoffs are not allowed

In Missouri, a landlord cannot evict a tenant on their own. A landlord may not change the locks, remove the doors, or put the tenant’s things out without a court order. A landlord also may not cut off electricity, gas, water or sewer on purpose, unless it is for health or safety. Missouri treats these acts as illegal, and the tenant can take the landlord to court.

The one narrow exception is when a tenant has abandoned the home. All of these must be true:

• the landlord reasonably believes the tenant moved out for good;
• rent has been unpaid for 30 days;
• the landlord posts a notice on the door and mails it by regular and certified mail;
• the tenant does not pay or reply in writing within ten days.

Repairs and security deposits

Tenant repairs

In some cases, a tenant can fix a problem and take the cost out of the rent. The tenant must have lived there six months in a row, paid all rent, and have no unresolved lease warnings. The problem must break a local housing code and affect health, safety or security. The tenant must give written notice and wait 14 days. The cost limit is $300 or half a month’s rent, whichever is more, but never more than one month’s rent.

Security deposits

• A deposit cannot be more than two months’ rent.
• Within 30 days after the lease ends, the landlord must return it, or send a written list of damages with whatever is left.
• The landlord may keep money only for unpaid rent, damage beyond normal wear and tear, and losses from a tenant who did not give proper notice.
• A landlord who wrongly keeps any part owes the tenant twice that amount.

Business rentals

Business leases use the same eviction laws. But the lease itself controls much more, like late fees, grace periods, personal promises to pay and legal fees. The repair and deposit rules above are written for homes, not stores or offices. If you need a business lease written or reviewed, see commercial leases.

Common questions

Related reading

• Civil litigation overview
• Real estate litigation
• Commercial leases
• Missouri small claims court