Missouri Non-Payment of Rent Notice Overview
Missouri does not require a specific statutory notice period before filing for eviction for non-payment of rent. Under Mo. Rev. Stat. §535.010, a landlord can file a rent and possession action in Circuit Court after rent becomes due and unpaid. While a written demand is strongly recommended for court purposes, Missouri law does not mandate a specific number of days notice before filing.
Missouri eviction cases are filed in the Circuit Court (Associate Division) of the county or city where the property is located. Jackson County (Kansas City) and St. Louis City process the highest volumes. Missouri's lack of a fixed notice period makes it one of the faster states for initiating eviction proceedings, though the overall court timeline is comparable to other states.
Varies
Notice period
$50
Avg. filing fee
No mandatory cure period
Right to cure
2-4 wks
Court process
Missouri's Notice (No Fixed Requirement) Notice Requirement
Under Mo. Rev. Stat. §535.010, when a tenant fails to pay rent when due, the landlord must deliver a written notice giving the tenant the required period. The notice must clearly state the amount of rent due, the deadline for payment, and that the landlord will terminate the rental agreement if the tenant does not comply.
Missouri does not have a fixed statutory notice period for non-payment of rent. The landlord generally must make a demand for rent and, if unpaid, can file a rent and possession action in Circuit Court. Missouri is one of the few states that does not require a specific number of days notice—though most landlords send written demand as best practice.
Missouri: No Fixed Statutory Notice Period
Missouri is one of the few states that does not require a specific number of days notice before filing for eviction for non-payment. Under Mo. Rev. Stat. §535.010, the landlord must generally demonstrate that rent is owed and unpaid. While a demand for rent is advisable, the statute does not mandate a specific waiting period. Kansas City and St. Louis have some local protections, but statewide, the framework is very landlord-friendly. Always send a written demand before filing to strengthen your court position.
Missouri Legal Requirements (Mo. Rev. Stat. §535.010)
For the notice to be valid under Missouri law, it must meet specific requirements established by statute and interpreted by Missouri courts. A defective notice will result in dismissal of the eviction action, requiring the landlord to start the process over.
Required Notice Elements
- Written Format: The notice must be in writing. Verbal demands are not legally sufficient under Missouri law
- Exact Rent Amount: State the precise dollar amount of rent owed, broken down by period if applicable
- Cure Period: Clearly state the tenant has the required period to pay or vacate
- Property Address: Include the full street address and unit number of the rental premises
- Tenant Names: List all tenants named on the lease who must be served with the notice
- Termination Warning: State that the rental agreement will terminate if rent is not paid within the notice period
- Landlord Information: Include the landlord's name, address, and contact information
Missouri Grace Period & Late Fee Rules
No statutory grace period. No fixed notice period for non-payment. Understanding Missouri's specific rules about when rent becomes late and what fees can be charged is essential for properly timing and drafting the non-payment notice.
No statutory cap. Must be reasonable and in the lease. Kansas City caps late fees at specific amounts. Landlords should ensure all fee provisions are clearly documented in the lease agreement and comply with Missouri law.
Missouri Late Fee Quick Reference
Grace Period
No statutory grace period.
Late Fee Rule
No statutory cap.
Partial Payment
Does not cure. No mandatory cure period in Missouri.
Right to Cure
No mandatory cure period.
How to Serve a Non-Payment Notice in Missouri
Missouri law specifies acceptable methods for delivering the notice. Improper service will invalidate the notice and require the landlord to start the process over, losing valuable time. Missouri courts require proof of proper service before proceeding with an eviction action.
Personal Delivery (Preferred)
Hand the notice directly to the tenant. This is the most reliable method and preferred by Missouri courts. Use a witness or process server to establish proof of service.
Substitute Service
If the tenant is not available, leave the notice with a person of suitable age and discretion residing at the premises. Document the name and relationship of the person who accepted it.
Post and Mail
Post the notice conspicuously on the main entrance of the unit and mail a copy via first-class mail. Both steps must be completed for valid service under this method.
Certified Mail
Send via certified mail with return receipt requested. Keep the return receipt as proof of delivery. The notice period begins when the tenant receives or signs for the mail.
File After Notice Expires
After the notice period passes without payment, file an eviction complaint in Missouri Circuit Court (Associate Division). Include the original notice and proof of service with your filing.
Missouri Non-Payment Eviction Timeline
The Missouri eviction process for non-payment follows a structured timeline. Understanding this timeline helps landlords plan appropriately and set realistic expectations for regaining possession.
| Step | Timeframe |
|---|---|
| Written demand for rent (recommended, not required) | Day 1 |
| File rent and possession action in Circuit Court | Day 1-5 |
| Summons served (4+ days before hearing) | Day 5-10 |
| Court hearing (typically within 10-21 days) | Day 10-26 |
| Judgment for possession | Day 10-26 |
| Execution of judgment by sheriff | Day 14-33 |
Total estimated time: 2-4 weeks uncontested. Kansas City and St. Louis may have longer timelines. Contested cases take 4-8 weeks.
Missouri Eviction Filing Fees & Costs
Filing fees for eviction actions in Missouri vary by court. Below are typical costs landlords should expect.
| Fee / Cost | Typical Amount |
|---|---|
| Circuit Court (Associate Division) Filing Fee | $30 - $75 |
| Service of Process | $15 - $50 |
| Writ of Possession/Restitution | $25 - $75 |
| Attorney Fees (if hired) | $400 - $2,000 |
| Appeal (if needed) | $75 - $200 |
Sample Missouri Notice (No Fixed Requirement) Non-Payment Notice
Below is a preview of our Missouri-specific non-payment notice. The final document includes all statutory language required under Mo. Rev. Stat. §535.010 and is formatted for Missouri court proceedings.
DEMAND FOR RENT AND POSSESSION
STATE OF MISSOURI
Pursuant to Mo. Rev. Stat. §535.010
TO TENANT(S):
Name(s): [All Tenants on Lease]
Property: [Full Missouri Property Address]
RENT DUE:
Total rent owed: $[Amount]for the period of [Month/Year].
MISSOURI STATUTORY NOTICE:
DEMAND IS HEREBY MADE for payment of rent in the amount of $[Amount] for the premises described above. Missouri law does not require a specific waiting period for non-payment. If you fail to pay the full amount owed, a rent and possession action will be filed in Missouri Circuit Court to recover the premises, unpaid rent, court costs, and damages as permitted by law.