Rent and Possession vs. Unlawful Detainer in Missouri: Which Eviction Do Landlords Need?
Missouri landlords must choose the correct legal path to evict a tenant. Use a 'Rent and Possession' lawsuit purely for unpaid rent, and use an 'Unlawful Detainer' lawsuit when a tenant violates lease rules or refuses to leave after the lease expires.
Evicting a tenant in Missouri is a strict legal process. Landlords cannot engage in 'self-help'-you cannot change the locks, turn off the water, or physically remove a tenant's belongings. Doing so will expose you to severe financial penalties. Instead, you must go through the Missouri court system.
However, a major point of confusion for property owners is determining which type of eviction lawsuit to file. The state offers two primary paths: Rent and Possession, and Unlawful Detainer. Filing the wrong one can result in a judge throwing out your case, forcing you to start over while the tenant lives rent-free. To ensure your eviction is handled swiftly and legally, you can find an experienced real estate attorney in our directory to draft and file the exact paperwork you need.
Filing Rent and Possession for Unpaid Rent (Chapter 535)
If your only complaint is that the tenant has stopped paying rent, you will file a Rent and Possession lawsuit governed by Mo. Rev. Stat. § 535.010. This is the fastest and most common eviction method in Missouri.
Before filing, the landlord must make a 'demand' for the rent. While a written demand is best practice, Missouri law technically allows an oral demand. If the tenant does not pay, the landlord files a verified petition for rent and possession drafted according to the statutory requirements of Mo. Rev. Stat. § 535.020 (while self-represented landlords in St. Louis County may use local pro se templates such as Form CCAC163, Missouri, St. Louis County Circuit Court, Verified Petition for Rent and Possession, Missouri lacks a mandatory statewide numbered form). The critical feature of this lawsuit is that the tenant has a 'pay and stay' right. If the tenant shows up to court and pays all past-due rent, late fees, and your court costs, the judge will dismiss the eviction and the tenant gets to stay.
Filing Unlawful Detainer for Lease Violations (Chapter 534)
If the eviction is not about missed rent, you must file an Unlawful Detainer action under Mo. Rev. Stat. § 534.030. This path is required in three specific scenarios: the tenant's lease expired but they refuse to leave (a holdover tenant), the tenant committed a lease violation (e.g., sneaking in unauthorized pets, dealing drugs, destroying property), or you are terminating a month-to-month lease.
Unlike Rent and Possession, an Unlawful Detainer requires strict, formal written notice before filing. For example, terminating a month-to-month tenancy requires a full rental period's notice (usually 30 days). If the tenant breached the lease, you often must provide a 10-day notice to quit under Mo. Rev. Stat. § 441.040. Crucially, a tenant cannot simply 'pay and stay' out of an Unlawful Detainer if they materially breached the lease rules.
Combining the Lawsuits
Often, a bad tenant is guilty of both offenses-they stopped paying rent and they are destroying the property. In Missouri, landlords are legally permitted to file a combined Petition for Rent and Possession AND Unlawful Detainer in the same lawsuit. Your attorney will draft a comprehensive petition and file it at the appropriate local venue, such as the Greene County Circuit Court, Springfield or the St. Charles County Circuit Court, St. Charles, ensuring all your bases are covered if the tenant tries to pay the rent at the last minute.
How Much Does an Eviction Cost in Missouri?
Eviction costs vary depending on the tenant's resistance and the county.
- Court Filing Fees: Filing a petition generally costs between $50 and $150.
- Service of Process: The sheriff or a private process server will charge $30 to $75 to serve the summons on the tenant.
- Attorney Fees: Many eviction attorneys charge a flat fee for an uncontested Rent and Possession case, typically ranging from $400 to $800. If the tenant fights the Unlawful Detainer and demands a trial, hourly rates of $200 to $400 will apply.
Timelines for Court Dates and Removal
Rent and Possession cases move very quickly; a court date is typically scheduled within 2 to 4 weeks of filing. Unlawful Detainer cases take slightly longer because you must wait out the 10-day or 30-day notice period before you can even file the lawsuit. If you win your case, the judge issues a judgment. The tenant then has 10 days to appeal. After those 10 days, the landlord can request a Writ of Execution, allowing the local sheriff to physically remove the tenant and their property.
Frequently Asked Questions (FAQ)
Do I need a lawyer to file an eviction in Missouri?
If you own the property in your own name as an individual, you can file the eviction yourself (Pro Se). However, if the property is owned by an LLC or a Corporation, Missouri law requires you to hire a licensed attorney to represent the business in court.
What is an expedited eviction for illegal activity?
Under Mo. Rev. Stat. § 441.740, landlords can file an emergency eviction (often heard within 15 days) if the tenant is using the property for illegal drug distribution, prostitution, or violent acts that threaten the safety of others.
Can a tenant withhold rent if I haven't made repairs?
Missouri tenants have a very limited 'repair and deduct' right, but they cannot simply stop paying rent altogether. If they withhold full rent due to maintenance issues, you can still file a Rent and Possession lawsuit, and the judge will decide if their withholding was justified.
What happens if the tenant abandons the property before court?
If the tenant moves out completely before the hearing, you may still proceed to court to get a formal money judgment for the unpaid rent, which you can later use to garnish their wages or bank accounts.
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