Missouri Notice to Quit for Non-Payment of Rent

Last Updated: January 23, 2023.

About this Form

In Missouri, a landlord does not have to give notice to the tenant before filing an eviction case in court if the rent is more than 30 days late, according to Mo. Rev. Stat. § 535.020 and § 535.060. However, the landlord may choose to provide written notice anyway as a way to communicate the seriousness of the situation to the tenant. This notice is entirely discretionary and may be of any number of days the landlord wishes.

Regaining Possession of the Property

If a tenant or person occupying a rental property has not paid rent that is due and payable, the landlord may take the following steps to regain possession of the property:

STEP 1: File a Statement with the Associate Circuit Judge

File a statement, verified by an affidavit, with an associate circuit judge in the county where the property is located. This statement should include the terms of the rental agreement, the amount of rent that is actually due to the landlord, and that payment has been demanded but not made. Additionally, it should describe the rented property.

The landlord may also include a claim for any other unpaid amounts, other than damages to the property, that the tenant owes according to the lease.

STEP 2: Obtain an Issuance of Summons by the Clerk of the Court

The clerk of the court will then issue a summons for the tenant and any other people living in the property to appear in court on a certain date to show cause why possession of the property should not be given back to the landlord. If the court rules in favor of the landlord, it will grant an eviction. Upon the the grant of an eviction, a writ of possession shall be posted at the subject property, providing the tenant with final notice to vacate the premises and remove their personal belongings. The sheriff shall thereafter execute the writ of possession, restoring possession of the property to the landlord.