Missouri Eviction Notice Overview
Missouri does not require a specific notice period before filing an eviction for non-payment. Under Mo. Rev. Stat. 535.010, the landlord may file a rent and possession suit immediately after rent is due and unpaid, unless the lease requires notice. Missouri does not use a 5-day notice by statute. Cases are filed in Circuit Court (Associate Division).
Understanding the correct notice period is critical for Missouri landlords. Using a 5-day notice when the law requires a different period will result in the court dismissing the eviction case, costing the landlord additional time and filing fees. Always verify the current Missouri statutory requirements before serving any eviction notice.
No fixed (demand only)
Actual notice period
$25 - $75
Court filing fee
Circuit
Court type
3-6 Wks
Total process
Why Missouri Uses No fixed (demand only), Not 5 Days
Important: Missouri Does Not Have a 5-Day Notice
A 5-day eviction notice is not the correct notice period in Missouri. Under Mo. Rev. Stat. 535.010, the required notice for non-payment of rent is No fixed (demand only). Serving a 5-day notice will likely result in the court dismissing your case. Use the correct No fixed (demand only) notice period.
States that do use a 5-day notice include Arizona, Delaware, Hawaii, Illinois, Oklahoma, Rhode Island, South Carolina, Virginia, and Wisconsin. Missouri is not among them. The No fixed (demand only) notice requirement in Missouri applies to the most common eviction scenario: non-payment of rent. Other eviction grounds (lease violations, month-to-month terminations) may require different notice periods under Missouri law.
If you are a landlord in Missouri, ensure your eviction notice complies with Mo. Rev. Stat. 535.010 and includes all elements required by Circuit Court. Using our Missouri-specific template ensures you have the correct notice period and statutory language.
Missouri Legal Requirements for Eviction Notices
To withstand judicial scrutiny in Missouri Circuit Court, your eviction notice must contain all elements required by state law. Missing even one required element gives the tenant grounds to challenge the notice.
Required Notice Contents
- Tenant Names: Full legal names of all adult tenants on the lease agreement
- Property Address: Complete address including unit number, city, and Missouri county
- Amount Owed: For non-payment cases, specific dollar amount of rent due plus any lawful late fees
- Notice Period: Clear statement of the No fixed (demand only) period to pay or vacate as required by Mo. Rev. Stat. 535.010
- Consequences: Warning that failure to pay or vacate will result in eviction proceedings in Circuit Court
- Landlord Information: Name, signature, and contact information of the landlord or property manager
- Date of Service: The date the notice is delivered, which starts the No fixed (demand only) clock
How to Serve an Eviction Notice in Missouri
Proper service of the eviction notice is essential under Missouri law. Circuit Court judges regularly dismiss cases where the landlord cannot demonstrate proper service.
Personal Hand-Delivery (Preferred)
Deliver the notice directly to the tenant in person. Bring a witness or use a process server for documentation. This is the method Missouri courts trust most.
Substituted Service
If the tenant is not available, leave the notice with a competent adult (18+) residing at the property. Record the name and date of service.
Post and Mail
Post the notice on the main entry door and mail a copy via first-class or certified mail. Use this as a last resort when personal delivery fails.
Document Everything
Prepare a proof of service affidavit recording the date, time, method, and witnesses. Missouri courts require this when filing the eviction complaint.
File After Notice Period Expires
Once the No fixed (demand only) period expires without payment or vacancy, file the eviction complaint at the Circuit Court in the jurisdiction where the property is located.
Missouri Eviction Timeline
The eviction process in Missouri follows a specific timeline from notice to enforcement. A typical uncontested eviction takes approximately 3-6 Wks from the date the notice is served. Contested cases can take significantly longer.
After the No fixed (demand only) notice period expires and the complaint is filed, the court schedules a hearing. At the hearing, the judge reviews the notice, lease, and proof of service. If the landlord prevails, the court enters a judgment for possession.
Following the judgment, the tenant has a limited time to appeal or vacate. If the tenant does not leave voluntarily, the landlord obtains a writ of possession, and the sheriff or constable enforces the removal. Self-help evictions are illegal in Missouri and can expose the landlord to substantial liability.
Missouri Eviction Filing Fees & Costs
Below are the typical costs associated with the eviction process in Missouri. Actual fees may vary by county and specific circumstances.
| Fee / Cost | Typical Amount |
|---|---|
| Circuit Court Filing Fee | $25 - $75 |
| Service of Process | $25 - $75 |
| Writ of Possession | $25 - $100 |
| Attorney Fees (Uncontested) | $400 - $2,000 |
Sample Missouri Eviction Notice
Below is a preview of the Missouri-specific eviction notice using the correct No fixed (demand only) notice period required by Mo. Rev. Stat. 535.010.
NOTICE TO PAY RENT OR QUIT
STATE OF MISSOURI
Pursuant to Mo. Rev. Stat. 535.010
TO TENANT(S):
Name(s): [All Tenant Names]
Address: [Full Missouri Address]
NOTICE:
You are notified that rent in the amount of $[Amount] is past due. Pursuant to Mo. Rev. Stat. 535.010, you have NO FIXED (DEMAND ONLY) from the date of service to pay the total amount due or surrender possession.
MISSOURI COMPLIANCE
This notice uses the correct No fixed (demand only) period required by Missouri law under Mo. Rev. Stat. 535.010. A 5-day notice is not valid in Missouri.