Missouri Eviction Complaint — Verified Statement for Rent and Possession / Petition for Unlawful Detainer

MISSOURI EVICTION COMPLAINT — VERIFIED STATEMENT FOR RENT AND POSSESSION / PETITION FOR UNLAWFUL DETAINER

TABLE OF CONTENTS

1. Caption
2. Parties, Jurisdiction, and Venue
3. The Premises and the Tenancy
4. Track A — Count I: Rent and Possession (RSMo § 535.020)
5. Track B — Count II: Unlawful Detainer (RSMo § 534.030)
6. Pre-Suit Notice and Demand
7. Damages
8. Prayer for Relief
9. Verification
10. Signature and Service Blocks
11. Certificate of Service
12. Exhibits Index
13. Missouri Practice Notes
14. Sources and References

1. CAPTION

IN THE [CIRCUIT / ASSOCIATE CIRCUIT] COURT OF [COUNTY] COUNTY, MISSOURI

[___]th JUDICIAL CIRCUIT

Case No. [________________________________]

Division: [____]

☐ VERIFIED STATEMENT FOR RENT AND POSSESSION (RSMo § 535.020)
☐ PETITION FOR UNLAWFUL DETAINER (RSMo § 534.030)

2. PARTIES, JURISDICTION, AND VENUE

2.1. Plaintiff [LANDLORD NAME] ("Landlord" or "Plaintiff") is the [owner / managing agent / authorized assignee] of the real property identified herein. Plaintiff's address for service is [ADDRESS].

2.2. Defendant [TENANT NAME] ("Tenant" or "Defendant") is and was at all relevant times in possession of the Premises identified in Section 3 and may be served at [STREET ADDRESS, UNIT, CITY, COUNTY, MO ZIP].

2.3. "All Other Occupants" are joined to bind any unnamed person in possession to the judgment for restitution of the Premises pursuant to Mo. Rev. Stat. §§ 535.020 and 534.030.

2.4. Forum. A rent-and-possession statement may be filed with an associate circuit judge in the county where the property is situated (Mo. Rev. Stat. § 535.020). An unlawful-detainer case may be heard by an associate circuit judge in the county where the detainer occurred, subject to local assignment and procedure rules (Mo. Rev. Stat. § 534.060).

2.5. Venue is proper in [COUNTY] County under Mo. Rev. Stat. § 508.010 because the Premises are located in this county.

2.6. Personal jurisdiction exists over Defendant because Defendant is a resident of, or in possession of real property located in, the State of Missouri.

3. THE PREMISES AND THE TENANCY

3.1. Plaintiff is the [owner / managing agent] of the residential real property commonly known as [STREET ADDRESS, UNIT, CITY, COUNTY, MO ZIP] (the "Premises"), legally described as follows: [LEGAL DESCRIPTION OR ATTACH AS EXHIBIT B].

3.2. On or about [__/__/____], Plaintiff and Defendant entered into a [written / oral] lease agreement (the "Lease") for occupancy of the Premises (Lease attached as Exhibit A).

3.3. The Lease provides for monthly rent in the amount of $[__________], due on the [____] day of each month, payable to [PAYEE] at [ADDRESS].

3.4. The current rental period is (check one):

☐ Month-to-month (originally a one-year fixed term that has expired and continued on a month-to-month basis under § 441.060)
☐ Fixed-term lease running from [__/__/____] to [__/__/____]
☐ Tenancy at will / sufferance
☐ Year-to-year
☐ Other: [____]

3.5. Defendant entered into possession of the Premises on or about [__/__/____] and remains in possession.

3.6. The security deposit amount paid by Defendant is $[__________], held by Plaintiff in compliance with Mo. Rev. Stat. § 535.300.

4. TRACK A — COUNT I: RENT AND POSSESSION (RSMo § 535.020)

4.1. Plaintiff incorporates by reference the allegations of Sections 1–3.

4.2. Pursuant to the Lease, Defendant is obligated to pay rent in the amount of $[__________] per month, due on the [____] day of each month.

4.3. Defendant has failed to pay the rent due, and as of the date of filing the following amounts are unpaid:

A true and correct copy of the rent ledger is attached as Exhibit C.

4.4. Plaintiff has demanded payment of the rent from Defendant, and payment has not been made. Pursuant to Mo. Rev. Stat. § 535.060, said demand is good and sufficient. A copy of the written demand (Notice to Pay or Quit) is attached as Exhibit D.

4.5. Pursuant to Mo. Rev. Stat. § 535.020, Plaintiff is entitled to recover possession of the Premises and a money judgment for all unpaid rent.

4.6. Joinder of additional sums (if any). In addition to rent, the Lease obligates Defendant to pay the following sums, which Plaintiff joins under § 535.020:

Plaintiff acknowledges that judgment for these sums alone does not entitle Plaintiff to an order of possession; only the rent component supports the possession remedy.

4.7. Plaintiff is entitled to court costs and, if and to the extent the Lease so provides, reasonable attorneys' fees.

5. TRACK B — COUNT II: UNLAWFUL DETAINER (RSMo § 534.030)

5.1. Plaintiff incorporates by reference the allegations of Sections 1–3.

5.2. Plaintiff brings this Count under Mo. Rev. Stat. § 534.030. Subsection 1 lists the grounds below; subsections 2 and 3 add notice requirements for a foreclosed property occupied by a residential tenant (check applicable ground):

☐ § 534.030(1) — Holdover. Defendant willfully and without force holds over the Premises after the termination of the time for which they were let. The tenancy was terminated effective [__/__/____] by [expiration of fixed term / Notice of Termination dated [__/__/____] (Exhibit E)] under Mo. Rev. Stat. § 441.060.

☐ § 534.030(1) — Foreclosure. Plaintiff acquired the Premises by foreclosure sale on [__/__/____] (deed recorded [__/__/____]). Plaintiff served the notice required by § 534.030(2)–(3) on Defendant on [__/__/____] and waited at least ten (10) business days before filing. If Defendant is a bona fide tenant protected by the federal Protecting Tenants at Foreclosure Act, Plaintiff also gave at least 90 days' notice to vacate, subject to any longer lease or other applicable protection. (See foreclosure deed and notice attached as Exhibits F and G.)

☐ § 534.030(1) — Employment-related occupancy. Defendant occupied the Premises incident to the terms of employment by Plaintiff, which employment terminated on [__/__/____], and Defendant holds over.

☐ § 534.030(1) — Wrongful continued possession after written demand. Plaintiff served written demand for possession on Defendant on [__/__/____] (Exhibit D), and Defendant has refused or neglected to quit possession. The factual basis for Plaintiff's superior right of possession is: [BREACH DESCRIPTION — e.g., material breach of lease provision § [____] regarding [____]; illegal activity on the Premises; etc.].

5.3. Defendant's continued possession of the Premises is wrongful and constitutes unlawful detainer within the meaning of § 534.030.

5.4. If Plaintiff prevails and proves the amounts claimed, Mo. Rev. Stat. § 534.330 provides restitution of the Premises, twice the assessed damages, twice the monthly rents and profits found due from judgment until restitution, and costs.

5.5. Plaintiff is entitled to attorneys' fees if and to the extent the Lease so provides.

6. PRE-SUIT NOTICE AND DEMAND

6.1. Demand for rent (Track A): Plaintiff demanded the unpaid rent from Defendant on [__/__/____] by the following method: ☐ written notice ☐ oral demand ☐ certified mail (Exhibit D). Pursuant to Mo. Rev. Stat. § 535.060, no minimum notice period was required, and § 535.020 provides that the § 441.060 notice is not required prior to a rent and possession action.

6.2. Notice of termination (Track B holdover): Plaintiff served on Defendant a [Notice of Termination / Notice to Cure or Quit] on [__/__/____] in compliance with Mo. Rev. Stat. § 441.060 and the Lease (Exhibit E). The notice period of [____] days expired on [__/__/____].

6.3. Demand to quit (Track B § 534.030(1)): Plaintiff served on Defendant a written demand for possession on [__/__/____] (Exhibit D). Defendant refused or neglected to quit, and possession has been continuously withheld from Plaintiff.

6.4. Federal and local notice compliance. Plaintiff has identified the housing assistance program, if any, and complied with its applicable notice rules (including 24 C.F.R. § 247.4 only for a project covered by Part 247) and any applicable local ordinance.

7. DAMAGES

7.1. Unpaid rent through date of filing: $[__________]

7.2. Late fees, NSF, and other lease-authorized charges: $[__________]

7.3. Holdover damages / rents and profits during unlawful detainer: $[__________] (computed at $[____]/day × [____] days)

7.4. Damages assessed under § 534.330, doubled by statute (Track B only): $[__________]

7.5. Court costs and sheriff's fees: as awarded

7.6. Reasonable attorneys' fees pursuant to Lease § [____]: $[__________]

7.7. Continuing rent and damages at the rate of $[____]/day from the date of filing through the date of restitution of possession.

8. PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment against Defendant and All Other Occupants as follows:

A. For an Order of Possession / Writ of Restitution restoring the Premises to Plaintiff;

B. For a money judgment for all unpaid rent and lease-authorized charges in the amount of $[__________], plus rent and damages accruing through the date of restitution at the rate of $[____]/day;

C. For the damages and rents and profits proved under Mo. Rev. Stat. § 534.330, doubled as the statute directs (Track B);

D. For reasonable attorneys' fees as authorized by the Lease;

E. For costs of suit and sheriff's fees;

F. For prejudgment interest, when applicable, under Mo. Rev. Stat. § 408.020 and postjudgment interest under § 408.040, at the rate each provision allows;

G. For an Execution for Possession to issue under Mo. Rev. Stat. § 535.040 / § 534.350; and

H. For such other and further relief as the Court deems just and equitable.

9. VERIFICATION

STATE OF MISSOURI )
) ss.
COUNTY OF [____] )

I, [AFFIANT NAME], being first duly sworn upon my oath, depose and state that I am the [Plaintiff / authorized agent of Plaintiff / property manager / attorney-in-fact for Plaintiff] in this action, that I have read the foregoing [Verified Statement for Rent and Possession / Petition for Unlawful Detainer], that I have personal knowledge of the facts stated therein, and that the matters and facts stated therein are true and correct to the best of my knowledge, information, and belief.

[________________________________]
[AFFIANT NAME], Affiant

Subscribed and sworn to before me this [____] day of [____________], 20[____].

[________________________________]
Notary Public

My commission expires: [__/__/____]

[NOTARY SEAL]

10. SIGNATURE AND SERVICE BLOCKS

Respectfully submitted,

[________________________________]
[ATTORNEY NAME], Mo. Bar No. [____]
[FIRM NAME]
[ADDRESS]
Telephone: [____]
Facsimile: [____]
Email: [____]
Attorney for Plaintiff

OR (if pro se / non-attorney owner):

[________________________________]
[LANDLORD NAME], Plaintiff Pro Se
[ADDRESS]
[PHONE / EMAIL]

11. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], the foregoing was filed with the Clerk of the Court via the Missouri eFiling system, which will send notification of filing to all attorneys of record. Service on Defendant of the summons and copy of the petition will be effectuated by the [COUNTY] County Sheriff or other authorized process server pursuant to Mo. Rev. Stat. § 535.030 and Mo. Sup. Ct. R. 54.

[________________________________]
[ATTORNEY / PLAINTIFF NAME]

12. EXHIBITS INDEX

13. MISSOURI PRACTICE NOTES

13.1 Choosing the Track

13.2 Service of Summons

• Sheriff's service is the default. Mo. Sup. Ct. R. 54.13.
• Special process server may be appointed under R. 54.13(b)(3).
• Posting plus mailing under § 535.030(2)–(3), after the required attempts and proof, can support a possession judgment in a rent-and-possession case. A default money judgment is unavailable on that method of service.
• Service on All Other Occupants binds non-named persons in possession to the writ.

13.3 Hearing Schedule

Mo. Rev. Stat. § 535.040 directs the judge to set the case "on the first available court date." In practice this is within 14–21 days of service. Tenant must appear or file an answer at or before the return date; default judgments are common when tenants do not appear.

13.4 Trial De Novo on Appeal

For a Chapter 535 rent-and-possession judgment, §§ 512.180.1 and 512.190 provide a trial de novo. The defendant must file the application within ten (10) days after judgment. To stay execution, § 535.110 requires a sufficient bond securing damages, costs, and rent then due, with subsequently accruing rent paid into court within ten (10) days after it becomes due. Chapter 534 unlawful-detainer judgments instead follow an appeal on the record under § 512.180.2; § 534.380 sets the bond condition for staying restitution.

A missing or defective bond can defeat a stay even when review remains available.

13.5 Execution and Set-Out

• § 535.040 provides that the sheriff "shall deliver possession of the property to the landlord within five days from the time of receiving the execution."
• § 441.060.5 allows the landlord to break and remove locks within 60 days of judgment if there is no stay, the service officer has failed to deliver possession within seven days after receiving the writ, and the landlord follows the statute's law-enforcement presence, acknowledgment, and filing requirements. This is a narrow postjudgment procedure, not permission for an ordinary self-help eviction.

13.6 Tenant Removal Personal Property

Missouri § 441.065 provides a statewide procedure for property left when a tenant abandons the premises: the statute requires unpaid rent for thirty days, posted and mailed notice, and ten days without payment or written response, among other conditions. Do not treat every item left after a court-ordered eviction as abandoned under that section; check the eviction order and applicable law before disposal.

13.7 KCMO and St. Louis Considerations

• Kansas City, MO — For premises within city limits, Code § 35-21(b)(5), enacted by Ordinance No. 211067, requires property owners to give tenants written notice of the Tenant Right to Counsel Program: to current tenants and before contracting with new tenants. Confirm that this separate disclosure was given. Section 35-21(b)(4) assigns notice within ten days after an eviction filing to the City's program director; it does not say that the landlord must enclose a second program notice with the eviction papers. Check current eligibility and program procedures. Code § 48-51(g), as amended by Ordinance No. 250966, restricts retaliation against a tenant who complained to the city about nuisance activity on the landlord's premises.
• St. Louis City — Property registration and habitability ordinances; verify before filing.

13.8 Federal Overlay

For projects covered by 24 C.F.R. Part 247, § 247.4 requires a termination notice with specified content and service. A defective notice may defeat a possession claim. Check other program-specific rules and VAWA protections where applicable.

13.9 Anti-Discrimination and Retaliation

Defendants commonly raise:

• § 213.040 / FHA discrimination
• Retaliation under an identified applicable local provision, including KCMO Code § 48-51(g) for a tenant's nuisance complaint to the city
• Implied warranty of habitability (King v. Moorehead; Kohner Properties)
• Defective notice (timing, content, service)
• Tender of rent before judgment

Plaintiff should pre-empt these defenses with a clean paper trail.

14. SOURCES AND REFERENCES

Statutes (Missouri Revised Statutes)

• Mo. Rev. Stat. § 535.020 — Rent and possession procedure: https://revisor.mo.gov/main/OneSection.aspx?section=535.020
• Mo. Rev. Stat. § 535.030 — Service of summons: https://revisor.mo.gov/main/OneSection.aspx?section=535.030
• Mo. Rev. Stat. § 535.040 — Hearing; execution within 5 days: https://revisor.mo.gov/main/OneSection.aspx?section=535.040
• Mo. Rev. Stat. § 535.060 — Demand of rent good when made: https://revisor.mo.gov/main/OneSection.aspx?section=535.060
• Mo. Rev. Stat. § 535.110 — Trial de novo; appeal bond: https://revisor.mo.gov/main/OneSection.aspx?section=535.110
• Mo. Rev. Stat. § 534.030 — Unlawful detainer defined: https://revisor.mo.gov/main/OneSection.aspx?section=534.030
• Mo. Rev. Stat. § 534.060 — Cognizable in associate circuit court: https://revisor.mo.gov/main/OneSection.aspx?section=534.060
• Mo. Rev. Stat. § 534.070 — Petition; verification: https://revisor.mo.gov/main/OneSection.aspx?section=534.070
• Mo. Rev. Stat. § 534.330 — Damages; double damages: https://revisor.mo.gov/main/OneSection.aspx?section=534.330
• Mo. Rev. Stat. § 441.060 — Termination of tenancies: https://revisor.mo.gov/main/OneSection.aspx?section=441.060
• Mo. Rev. Stat. § 441.233 — Self-help eviction prohibited: https://revisor.mo.gov/main/OneSection.aspx?section=441.233
• Mo. Rev. Stat. § 441.234 — Repair and deduct: https://revisor.mo.gov/main/OneSection.aspx?section=441.234
• Mo. Rev. Stat. § 535.300 — Security deposits: https://revisor.mo.gov/main/OneSection.aspx?section=535.300
• Mo. Rev. Stat. § 213.040 — Unlawful housing practices: https://revisor.mo.gov/main/OneSection.aspx?section=213.040
• Mo. Rev. Stat. Chapter 517 — Procedure before associate circuit judges: https://revisor.mo.gov/main/OneChapter.aspx?chapter=517

Court Rules

• Mo. Sup. Ct. R. 41 — Scope: https://www.courts.mo.gov/courts/ClerkHandbooksP2RulesOnly.nsf/RulesByNumber/41
• Mo. Sup. Ct. R. 54 — Service of process
• Mo. Sup. Ct. R. 55 — Pleadings

Cases

• King v. Moorehead, 495 S.W.2d 65 (Mo. App. 1973): https://law.justia.com/cases/missouri/court-of-appeals/1973/25812-0.html
• Kohner Properties, Inc. v. Johnson, 553 S.W.3d 280 (Mo. banc 2018): https://www.courts.mo.gov/file/SC/Opinion_SC95944.pdf

Federal Authority

• 42 U.S.C. §§ 3601 et seq. — Fair Housing Act
• 24 C.F.R. § 247 — HUD eviction procedures
• 34 U.S.C. § 12491 — VAWA housing protections

Local Ordinances and Programs

• Kansas City, MO Tenant Bill of Rights: https://www.kcmo.gov/city-hall/housing/tenant-resources
• KCMO Tenant Right to Counsel Program: https://civilrighttocounsel.org/major_developments/all-about-the-tenant-right-to-counsel-in-kansas-city/

Practice Resources

• Missouri Bar — Implied Warranty of Habitability: https://news.mobar.org/missouris-implied-warranty-of-habitability/
• Legal Services of Missouri — Residential Landlord-Tenant Outline: https://www.lsmo.org/sites/lsmo.org/files/FINAL%20OUTLINE_2015%20CONFERENCE_0.pdf
• Boone County Bar — Civil Practice Before Associate Circuit Judges: https://boonecountybar.org/wp-content/uploads/2023/10/2007-11-14_associate_practice.pdf

END OF COMPLAINT