How long does the eviction process usually take?
This rental guidance was reviewed by the Tenants & Landlords Intelligence Team, specializing in lease agreements, notices, rent disputes, deposits, evictions, and tenant-landlord operational procedures.
Understanding the Eviction Process Timeline for Tenants in Missouri
If you are a tenant in Missouri facing eviction, understanding how long the process typically takes can help you prepare and respond appropriately. Evictions in Missouri are governed by state laws that outline the steps a landlord must follow before legally removing a tenant from a rental property. This guidance will walk you through the typical timeline of an eviction in Missouri, what to expect at each stage, and key points to keep in mind.
Overview of the Missouri Eviction Process
The eviction process in Missouri generally involves several critical steps:
- Notice from the Landlord
- Filing an Eviction Lawsuit (Forcible Entry and Detainer)
- Court Hearing
- Judgment and Writ of Possession
- Physical Eviction by Law Enforcement
Step 1: Notice from the Landlord
Before a landlord can initiate formal eviction proceedings, they must provide proper written notice to the tenant, depending on the reason for eviction.
- Nonpayment of Rent: Missouri law requires a 10-day written notice demanding payment of rent or possession. This is often called a “pay or quit” notice.
- Violation of Lease Terms: For lease breaches other than nonpayment, the landlord typically must give a 10-day notice stating the issue and requesting correction or surrender of possession.
- Termination Without Cause (Month-to-Month Tenancy): Landlords must generally provide 30 days’ written notice to terminate a month-to-month tenancy without cause.
Typical Time Taken: 10 to 30 days, depending on the situation.
Step 2: Filing an Eviction Lawsuit (Forcible Entry and Detainer)
If the tenant does not comply with the eviction notice, the landlord files a forcible entry and detainer (FED) lawsuit in the appropriate Missouri Circuit Court. This officially starts the court eviction process.
- The court will set a hearing date, typically within 7 to 21 days after filing.
- The tenant will be served with a summons and complaint outlining the landlord’s claims.
- Tenants have an opportunity to respond or contest the eviction.
Step 3: Court Hearing
At the scheduled hearing, both landlord and tenant can present their case. The judge will review evidence, such as lease agreements, payment records, and communications.
- If the judge rules in favor of the landlord, they will issue a judgment for possession.
- If the tenant successfully contests the eviction, the case may be dismissed or continued for further proceedings.
Step 4: Judgment and Writ of Possession
Once the court issues a judgment for the landlord, the landlord must request a writ of possession from the court clerk. This writ authorizes law enforcement to remove the tenant if they do not vacate voluntarily.
- Missouri courts generally allow tenants 7 days (called a “stay”) from the judgment date to move out.
- If the tenant does not leave within this period, the landlord may schedule law enforcement to execute the writ.
Step 5: Physical Eviction by Law Enforcement
After the 7-day stay, if the tenant remains in the rental unit, the sheriff or constable will physically remove the tenant and their belongings.
- The timing of this can vary depending on the county and availability of officers.
- Once eviction is enforced, the landlord takes possession of the property.
Estimated Total Timeline for Eviction in Missouri
Putting the stages together, the entire eviction process usually takes:
| Step | Timeframe |
|---|---|
| Notice from landlord | 10 to 30 days |
| Filing and scheduling court hearing | 7 to 21 days |
| Court hearing | 1 day |
| Judgment stay for tenant to vacate (if judgment for landlord) | 7 days |
| Law enforcement eviction (if needed) | Varies (often within a few days after 7-day stay) |
Total Estimated Duration: Approximately 3 to 7 weeks from the initial notice to physical eviction in most cases.
Important Considerations for Missouri Tenants
- Prompt Response: Tenants who respond quickly, such as paying owed rent or correcting lease violations during the notice period, may avoid formal eviction.
- Legal Representation: Tenants have the right to contest eviction in court and may benefit from consulting a tenant’s rights attorney.
- COVID-19 or Other Emergency Protections: Missouri has periodically enacted temporary eviction protections during emergencies; tenants should confirm if such measures are in effect.
- Local Court Variations: Some counties may have faster or slower eviction proceedings due to local court schedules and backlog.
Conclusion
In Missouri, the eviction process generally takes at least 3 to 7 weeks from the landlord’s initial eviction notice to the actual removal of the tenant if the case proceeds uncontested through the courts. Tenants should carefully review any notices, communicate promptly with landlords, and consider their legal options if facing eviction.
Understanding the timeline can help you take proactive steps to resolve disputes or prepare for upcoming hearings, ensuring your rights are protected throughout the process. If you are unsure where to start, local tenant advocacy organizations and legal aid groups can provide valuable assistance specific to Missouri tenants.