Missouri Eviction Timeline: How Long Does It Take?

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Missouri Eviction Timeline: How Long Does It Take?

Evicting a tenant can be a stressful and time-consuming process, guys. If you're a landlord in Missouri, understanding the eviction timeline is super important. Knowing the steps and potential delays can help you navigate the process more smoothly and protect your rights. Let's break down how long it typically takes to evict someone in Missouri, so you know what to expect.

Understanding the Missouri Eviction Process

Before diving into the timeline, let's get a handle on the basics of the Missouri eviction process. Eviction, legally known as unlawful detainer, is the procedure a landlord must follow to legally remove a tenant from a property. You can't just change the locks or throw their stuff out—that's illegal! There are specific grounds for eviction, and landlords must adhere to a strict legal process to ensure the eviction is lawful.

Grounds for Eviction: In Missouri, you can evict a tenant for several reasons:

  • Nonpayment of Rent: This is the most common reason. If a tenant fails to pay rent on time, you can start the eviction process.
  • Violation of the Lease: If a tenant violates a term of the lease agreement (like having unauthorized pets or damaging the property), you can evict them.
  • Illegal Activity: If a tenant is involved in illegal activities on the property (like drug dealing), you can pursue eviction.
  • Holdover Tenant: If a tenant stays on the property after their lease has expired, they become a holdover tenant, and you can evict them.

The Importance of Following the Law: It's absolutely crucial to follow Missouri's eviction laws to the letter. If you don't, the eviction could be thrown out by the court, and you might even face legal penalties.

Initial Notice to the Tenant: The eviction process typically begins with a written notice to the tenant. The type and length of notice depend on the reason for the eviction. For nonpayment of rent, you usually need to give the tenant a written notice to pay or quit, giving them a specific number of days to pay the rent or move out. If the tenant doesn't comply, you can then move forward with filing an eviction lawsuit.

Understanding these basics is the first step in navigating the Missouri eviction timeline. Now, let's get into the nitty-gritty of how long each step usually takes.

The Eviction Timeline: Step-by-Step

Okay, let's get down to the specifics. Here's a step-by-step breakdown of the typical eviction timeline in Missouri:

1. Notice to the Tenant (3-10 Days)

The eviction process kicks off with a notice to the tenant. This notice is a formal warning that they need to correct the issue or face eviction. The type of notice and the amount of time you need to give them depends on why you're evicting them.

  • Nonpayment of Rent: For nonpayment, Missouri law typically requires a written notice giving the tenant a certain number of days to pay the rent or move out. The exact number of days can vary based on the specific lease agreement and local laws, but it's often around 3 to 10 days. Make sure the notice includes the amount of rent owed, the date it was due, and a clear statement that they must pay or vacate the premises.

  • Lease Violation: If the tenant violated the lease (like having an unauthorized pet), the notice period might be longer. The lease agreement itself might specify the required notice period for lease violations. Generally, you'll need to give the tenant a reasonable amount of time to correct the violation.

  • No Cure Possible: In some cases, like illegal activity, you might not be required to give the tenant an opportunity to correct the issue. You can proceed directly to the eviction lawsuit. It's always a good idea to consult with an attorney to make sure you're following the correct procedure.

The notice must be served properly. You can usually deliver it in person, post it on the property, or send it via certified mail. Make sure you keep a copy of the notice and proof of service, as you'll need it if you proceed with the eviction lawsuit. This initial notice period is crucial, so don't skip it!

2. Filing the Eviction Lawsuit (1-5 Days)

If the tenant doesn't comply with the notice (i.e., they don't pay the rent or correct the violation), the next step is to file an eviction lawsuit with the court. This lawsuit officially starts the legal process of removing the tenant from the property. Filing the lawsuit involves several steps:

  • Preparing the Paperwork: You'll need to prepare a formal complaint that outlines the reasons for the eviction. This complaint should include details like the tenant's name, the property address, the reason for the eviction (e.g., nonpayment of rent, lease violation), and the amount of rent owed (if applicable).

  • Filing with the Court: Once the paperwork is ready, you'll file it with the appropriate court in the county where the property is located. There's usually a filing fee associated with this step, so be prepared to pay it.

  • Serving the Tenant: After filing the lawsuit, you need to officially notify the tenant that they're being sued. This is done through a process called