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. Subject-matter jurisdiction is vested in the Associate Circuit Court pursuant to Mo. Rev. Stat. §§ 478.225, 517.011, and 535.020 (rent and possession) or § 534.060 (unlawful detainer), and Chapter 517 (procedure before associate circuit judges).

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, which defines unlawful detainer to include the following grounds (check applicable prong(s)):

☐ § 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(2) — Foreclosure. Plaintiff acquired the Premises by foreclosure sale on [__/__/____] (deed recorded [__/__/____]). Plaintiff served notice on Defendant on [__/__/____] giving not less than ten (10) business days to vacate, and Defendant has refused. (See foreclosure deed and notice attached as Exhibits F and G.)

☐ § 534.030(3) — 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(4) — 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. Pursuant to Mo. Rev. Stat. § 534.330, Plaintiff is entitled to recover (a) restitution of the Premises; (b) all rents and profits accruing during the period of unlawful detainer; (c) double damages for any waste committed during the period of unlawful detainer; and (d) court 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(4)): 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 complied with all applicable federal regulations (e.g., 24 C.F.R. § 247 if the property is HUD-subsidized) and any applicable local ordinance (KCMO Tenant Bill of Rights / St. Louis 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. Double damages for waste (§ 534.330, 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 double damages under Mo. Rev. Stat. § 534.330 for any waste during the period of unlawful detainer (Track B);

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

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

F. For pre-judgment and post-judgment interest at the legal rate under Mo. Rev. Stat. § 408.020;

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 is generally NOT sufficient for in personam jurisdiction in rent-and-possession cases; service must be on a person.
• 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

Mo. Rev. Stat. § 535.110 permits a trial de novo from associate-circuit judgment. The defendant must:

1. File application within ten (10) days of judgment;
2. Post bond securing all damages, costs, and rent then due;
3. Pay subsequently accruing rent into court within ten (10) days of due date pending appeal.

A defective bond defeats the stay; the landlord may proceed with execution.

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, with law-enforcement acknowledgment, to break and remove locks within 60 days after sheriff's failure to deliver possession.

13.6 Tenant Removal Personal Property

Missouri does NOT have a uniform statewide statute on disposal of abandoned personal property post-eviction. The lease should provide a procedure. Where the lease is silent, the landlord should give written notice and a reasonable period (commonly 10–30 days) before disposal to limit conversion exposure. KCMO and St. Louis ordinances may impose additional requirements.

13.7 KCMO and St. Louis Considerations

• Kansas City, MO — Tenant Right to Counsel Program guarantees free attorney representation to all tenants facing eviction. Filing without notice to the program may delay proceedings. Tenant Bill of Rights (KCMO § 27-301 et seq.) requires landlord registration and prohibits retaliation.
• St. Louis City — Property registration and habitability ordinances; verify before filing.

13.8 Federal Overlay

For HUD-subsidized properties, 24 C.F.R. § 247 mandates pre-suit notice content. Failure to comply is a jurisdictional defense. VAWA (34 U.S.C. § 12491) bars eviction of survivors of domestic violence on that basis.

13.9 Anti-Discrimination and Retaliation

Defendants commonly raise:

• § 213.040 / FHA discrimination
• Retaliation (KCMO ordinance and common-law)
• 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.jsp?id=116829

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