Eviction Notice and Rent-and-Possession / Unlawful Detainer Complaint Package

EVICTION NOTICE AND POSSESSION COMPLAINT PACKAGE — MISSOURI

TABLE OF CONTENTS

1. Part A — Notice / Demand (Pre-Suit)
2. Part B — Petition (Rent and Possession or Unlawful Detainer)
3. Part C — Summons
4. Part D — Affidavit of Service of Notice / Demand
5. Missouri Practice Notes
6. Pre-Filing Checklist
7. Sources and References

PART A — NOTICE / DEMAND (PRE-SUIT)

A-1. Demand for Rent (Rent-and-Possession — Chapter 535)

TO: [TENANT FULL LEGAL NAME(S)] and all other occupants

PREMISES: [________________________________] (street address, unit, city, [____________] County, Missouri, ZIP)

FROM: [LANDLORD FULL LEGAL NAME], [LANDLORD MAILING ADDRESS]

DATE OF DEMAND: [__/__/____]

DEMAND IS HEREBY MADE for payment of rent due and owing under your rental agreement for the above-described Premises. RSMo § 535.020.

Payment instructions: Tender all amounts due to [LANDLORD / AGENT] at [____________] on or before [__/__/____].

You are advised that if rent is not paid, the landlord may file a Rent and Possession action under RSMo § 535.020 et seq. seeking restitution of the Premises, judgment for rent and other sums, and court costs. You retain the right to "pay and stay" by tendering all rent owed plus court costs before judgment is entered.

Landlord signature: [________________________________]
Print name and title: [________________________________]
Date: [__/__/____]

A-2. Demand for Possession (Unlawful Detainer — Chapter 534) (RSMo § 534.060)

TO: [TENANT NAME(S)]

PREMISES: [________________________________]

WRITTEN DEMAND IS HEREBY MADE for delivery of possession of the above-described Premises pursuant to RSMo § 534.060.

Ground for demand:

☐ Holdover after termination of lease term (lease expired [__/__/____])
☐ Holdover after termination of tenancy by notice
☐ Wrongful possession by disseisin / without right
☐ Post-foreclosure residential occupant — at least ten (10) business days have elapsed since notice under RSMo § 534.030(3)
☐ Termination of employee occupancy incident to employment
☐ Other (specify): [____________]

You are demanded to vacate and surrender possession of the Premises on or before [__/__/____]. If you refuse or neglect to do so, an unlawful detainer action will be filed in the associate circuit court.

Landlord signature: [________________________________] Date: [__/__/____]

A-3. One-Month Notice — Termination of Periodic Tenancy (RSMo § 441.060)

TO: [TENANT NAME(S)]

PREMISES: [________________________________]

You are hereby notified, pursuant to RSMo § 441.060, that your month-to-month tenancy at the above Premises is terminated effective [__/__/____], which is a periodic rent-paying date not less than one (1) month after your receipt of this notice.

You must vacate and return possession of the Premises on or before that date.

Landlord signature: [________________________________] Date: [__/__/____]

Service of Notice (All Forms)

☐ Personal delivery to tenant
☐ Leaving with a person of suitable age at premises
☐ Posting AND first-class mail
☐ Certified mail, return receipt requested, tracking [____________]

Date of service: [__/__/____] Time: [____]
Server: [________________________________]

PART B — PETITION (RENT AND POSSESSION OR UNLAWFUL DETAINER)

Caption (Both Variants)

IN THE [____________] CIRCUIT COURT OF MISSOURI
ASSOCIATE CIRCUIT DIVISION — [____________] COUNTY

Case No. [________________________________]
Division: [____]

B-1. PETITION FOR RENT AND POSSESSION (RSMo § 535.020 et seq.)

1. Parties.

1.1 Plaintiff [LANDLORD NAME] is the ☐ owner ☐ authorized agent ☐ property manager of the Premises, with a mailing address of [____________].

1.2 Defendant [TENANT NAME] is the tenant in possession pursuant to a ☐ written ☐ oral rental agreement.

1.3 Other adult occupants whose presence is known to Plaintiff: [____________].

2. Premises.

The Premises are located at [________________________________].

3. Jurisdiction and Venue.

3.1 This Court has subject-matter jurisdiction pursuant to RSMo § 535.020.

3.2 Venue is proper in [____________] County, where the Premises are situated.

4. Lease and Rental Terms.

4.1 Monthly rent: $[________], due on the [____] day of each month.

4.2 Lease term: ☐ Month-to-month ☐ Fixed term from [__/__/____] to [__/__/____].

4.3 A true and correct copy of the rental agreement is attached as Exhibit A (or, if oral, the terms are set forth herein).

5. Rent Due and Demand.

5.1 Defendant has failed to pay rent due in the amount of $[________] for the period [__/__/____] through [__/__/____].

5.2 On [__/__/____], Plaintiff demanded payment of rent from Defendant. A true and correct copy of the demand is attached as Exhibit B.

5.3 Defendant has not paid the rent due.

5.4 As permitted by RSMo § 535.020, Plaintiff joins a claim for the following additional unpaid sums under the lease, which do not constitute rent: [____________] $[________].

6. Amounts Claimed.

Plaintiff also seeks rent accruing through judgment and possession.

7. Prayer for Relief.

WHEREFORE, Plaintiff respectfully prays that this Court:

(a) Restore possession of the Premises to Plaintiff;
(b) Enter judgment for Plaintiff in the amount stated in paragraph 6 plus rent accruing through judgment;
(c) Award court costs and attorney's fees as authorized;
(d) Issue an order of execution / writ for restitution of the Premises; and
(e) Grant such other and further relief as the Court deems just.

8. Verification.

I, [LANDLORD / AGENT NAME], being duly sworn, depose and say that I am the Plaintiff (or authorized agent) and that the facts stated in the foregoing Petition are true to the best of my knowledge and belief.

Signature: [________________________________]
Print name and title: [________________________________]
Subscribed and sworn before me this [____] day of [____________], 20[____].
Notary Public: [________________________________] Commission expires: [__/__/____]

B-2. PETITION FOR UNLAWFUL DETAINER (RSMo § 534.030 et seq.)

1. Parties. (Same as B-1, paragraphs 1.1–1.3.)

2. Premises. (Same.)

3. Jurisdiction and Venue.

3.1 This Court has jurisdiction pursuant to RSMo §§ 534.030 and 534.090.

3.2 Venue is proper in [____________] County, where the Premises lie.

4. Tenancy / Right to Possession.

4.1 Defendant entered into possession of the Premises pursuant to: ☐ a written lease dated [__/__/____] ☐ an oral rental agreement ☐ post-foreclosure occupancy ☐ employee occupancy ☐ tenancy at sufferance ☐ other: [____________].

4.2 The basis of termination / wrongful possession is:

☐ Lease term expired on [__/__/____]
☐ Tenancy terminated by notice dated [__/__/____]
☐ Foreclosure deed recorded [__/__/____]; notice to occupant served [__/__/____]
☐ Defendant obtained possession wrongfully and without force
☐ Other: [____________]

5. Written Demand for Possession.

5.1 On [__/__/____], Plaintiff served Defendant with a written demand for possession in accordance with RSMo § 534.060. A true and correct copy is attached as Exhibit B.

5.2 Defendant has willfully and without force refused or neglected to vacate.

6. Damages.

6.1 Plaintiff is entitled to recover possession plus damages for unlawful detention, including rents and profits and double damages where authorized (RSMo § 534.330).

7. Prayer for Relief.

WHEREFORE, Plaintiff respectfully prays that this Court:

(a) Restore possession of the Premises to Plaintiff;
(b) Award damages as set forth in paragraph 6, including double damages where authorized by RSMo § 534.330;
(c) Issue a writ of restitution / order of execution; and
(d) Grant such other relief as is just and proper.

8. Verification. (Same form as B-1, paragraph 8.)

PART C — SUMMONS

IN THE [____________] CIRCUIT COURT OF MISSOURI

Case No. [________________________________]

SUMMONS

TO: [DEFENDANT NAME], [DEFENDANT ADDRESS]

You are summoned to appear before the Associate Circuit Judge of [____________] County, Missouri, at the courthouse located at [________________________________], on:

Date: [__/__/____] Time: [____] Courtroom / Division: [____]

to show cause why possession of the Premises described in the Petition should not be restored to Plaintiff. If you fail to appear, a default judgment may be entered against you for possession and the amounts demanded.

Service shall be made not less than four (4) days before the return day (RSMo § 535.030 / § 534.070).

Clerk: [________________________________] Date: [__/__/____]

Return of Service

☐ Personal service on Defendant on [__/__/____] at [____________]
☐ Substitute service on [____________], a person of suitable age at the Defendant's dwelling
☐ Other (specify): [____________]

Officer / Server: [________________________________] Date: [__/__/____]

PART D — AFFIDAVIT OF SERVICE OF NOTICE / DEMAND

STATE OF MISSOURI
COUNTY OF [____________]

I, [AFFIANT NAME], being first duly sworn, state:

1. I am over eighteen (18) years of age and competent to testify.

2. On [__/__/____] at [____], I served a true and correct copy of the [☐ Demand for Rent ☐ Demand for Possession ☐ One-Month Notice] (attached as Exhibit 1) upon [TENANT NAME] by:

☐ Personal delivery
☐ Substitute delivery to [____________] at the Premises
☐ Conspicuous posting AND first-class mail
☐ Certified mail RRR, tracking [____________]

3. The Premises are located at: [________________________________].

Affiant signature: [________________________________]
Print name: [________________________________]
Date: [__/__/____]

Sworn to and subscribed before me this [____] day of [____________], 20[____].

Notary Public: [________________________________]
Commission expires: [__/__/____]

MISSOURI PRACTICE NOTES

• No § 441.060 notice required for rent-and-possession. RSMo § 535.020 expressly states the § 441.060 one-month notice is not required before filing a rent-and-possession action. However, the landlord must allege and prove that rent was demanded.
• Pay-and-stay right. A tenant in a rent-and-possession case may "pay and stay" by tendering all rent owed plus court costs before judgment, or the full judgment amount before issuance of the eviction order. The landlord may not refuse a valid tender.
• Petition elements. A rent-and-possession petition must (1) identify the Premises by street address (and unit), (2) set out lease terms (or attach the lease), (3) state the rent due as of filing, and (4) allege demand for payment (or, where one full month's rent is owed, the petition itself can serve as demand per case law).
• Unlawful detainer demand required. Chapter 534 (holdover / post-foreclosure / wrongful possession) requires a written demand for possession before suit. RSMo § 534.060.
• Post-foreclosure notice. RSMo § 534.030(2)-(3) requires the new owner to serve a residential occupant with notice and allow at least ten (10) business days to vacate before commencing unlawful detainer.
• Trial timing. Rent-and-possession trials are conducted in the associate circuit division on the day specified in the summons (usually 4–21 days after filing depending on local docket).
• Damages. Property damages cannot be recovered in a Chapter 535 rent-and-possession action; landlords needing damages plus possession may join under § 535.110 or file separately. Double damages may be available in unlawful detainer under § 534.330 for the period of unlawful detention.
• Self-help banned. Missouri prohibits lockouts, utility shut-offs, and forcible removal outside of judicial process.
• Drug-related activity. RSMo § 441.770 permits accelerated termination for drug-related criminal activity.
• St. Louis City / Kansas City. Confirm local court rules and any municipal protections (e.g., source-of-income protections, right-to-counsel programs).
• Mobile home tenancies. RSMo § 441.060(4)(2) requires 60-day notice for termination.

PRE-FILING CHECKLIST

☐ Selected correct cause of action (Chapter 535 vs. Chapter 534)
☐ Demanded rent (Chapter 535) or possession (Chapter 534) in writing
☐ Notice period has run (10 business days for post-foreclosure; 1 month for periodic termination; demand for nonpayment)
☐ Identified all adult occupants
☐ Itemized rent, late fees, and any non-rent sums (kept separate)
☐ Attached lease or pleaded oral terms
☐ Confirmed county venue
☐ Confirmed associate circuit court / division
☐ Verified ownership / agency authority
☐ No active bankruptcy stay, SCRA stay, or federal moratorium
☐ Entity plaintiff represented by Missouri-licensed attorney
☐ Calculated filing and service fees

SOURCES AND REFERENCES

• RSMo §§ 535.020, 535.030, 535.040, 535.060, 535.110 (Rent and Possession).
• RSMo §§ 534.030, 534.060, 534.330 (Unlawful Detainer).
• RSMo §§ 441.040, 441.060, 441.770 (notice provisions; drug-related activity).
• Missouri Court Forms (Office of State Courts Administrator) — verify current versions.
• Scott Law Firm, "Rent-and-Possession Evictions" (Missouri Pro Se Resource).
• Legal Services of Missouri, Residential Landlord-Tenant Outline.