[MO] How do I evict a tenant for non-payment?
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Alright. Since it’s for non-payment, here’s the Missouri process:
- Rent becomes due. Once unpaid, the tenant is in default (§ 535.020 RSMo).
- Demand or notice (optional). Missouri doesn’t require a Pay-or-Quit notice before filing, but it’s recommended.
- File a Petition for Rent & Possession in Circuit Court if no payment is made (§ 535.020 RSMo).
- Service of Summons & Petition by sheriff or process server (Rule 54, Missouri Rules of Civil Procedure).
- Court hearing. If tenant doesn’t appear, you get a default judgment.
- 10-day post-judgment period. Tenant can move out or appeal.
- Writ of Restitution. Sheriff performs the physical eviction.
- Tenant property rules (sheriff may place belongings outside).
- Collect unpaid rent through garnishment, bank levy, etc.
You can find a Missouri process server here: https://napps.org/process-server.aspx?State=MO
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Hello, I am located in Missouri and just completed the eviction notice form. Can you explain the next process and how to locate a processor in Missouri?
Have you already served the eviction notice to your tenant?
No, I have not. How do I complete that step in Missouri?
Are you looking for assistance with finding a process server or guidance on the next steps after serving the notice?
Yes, I need to locate a processor.
Is there anything else the lawyer should know?
No.
Hey there! I’m Benjamin, an attorney. I see you're looking for a process server in Missouri. Have you considered any local options, or would you like guidance on how to find one?
Hi Benjamin, I’m assisting my elderly mother Charlene Stephension with an eviction. We completed the eviction form and need to know the next steps. A “for dummies” version of the eviction process would be helpful. Do we just locate a processor now?
When you say “eviction form,” do you mean a notice to vacate or the court summons? What is the reason for eviction?
Eviction notice.
What are the next steps? And what’s the reason for eviction?
Non-payment. They are behind 4 months—June through September.
Alright. Since it’s for non-payment, here’s the Missouri process:
- Rent becomes due. Once unpaid, the tenant is in default (§ 535.020 RSMo).
- Demand or notice (optional). Missouri doesn’t require a Pay-or-Quit notice before filing, but it’s recommended.
- File a Petition for Rent & Possession in Circuit Court if no payment is made (§ 535.020 RSMo).
- Service of Summons & Petition by sheriff or process server (Rule 54, Missouri Rules of Civil Procedure).
- Court hearing. If tenant doesn’t appear, you get a default judgment.
- 10-day post-judgment period. Tenant can move out or appeal.
- Writ of Restitution. Sheriff performs the physical eviction.
- Tenant property rules (sheriff may place belongings outside).
- Collect unpaid rent through garnishment, bank levy, etc.
You can find a Missouri process server here: https://napps.org/process-server.aspx?State=MO
So when is the eviction notice issued? Before or after filing in circuit court?
Before. The notice is the first step. After serving the notice and waiting for compliance, you then file the petition.
Okay, that is helpful.
Do you have any other questions?
Once the petition is filed, how long does it take to get the tenant out?
After filing, the court hearing is usually scheduled within a few weeks. If the tenant doesn’t appear, judgment is fast. After judgment, they have 10 days to leave. If they don’t, you request a Writ of Restitution. The sheriff’s scheduling determines final timing. Proper service is crucial.
Okay thanks, I appreciate the information.
Did that solve your issue? Let me know if you have any more questions.
