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

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. In a case with a money judgment, RSMo § 535.160 provides a stay if the tenant tenders all rent then in arrears and costs on the judgment date, or satisfies the money judgment and costs after trial but before the judgment becomes final. Payment may be tendered to the landlord or brought into the court as the statute provides.

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

A-2. Demand for Possession (when required under RSMo § 534.030; delivery under § 534.050)

TO: [TENANT NAME(S)]

PREMISES: [________________________________]

WRITTEN DEMAND IS HEREBY MADE for delivery of possession of the above-described Premises. Where § 534.030 requires a demand, deliver and document it under § 534.050. For other grounds, verify the separate termination or notice requirement before filing.

Ground for demand:

☐ Holdover after termination of lease term (lease expired [__/__/____])
☐ Holdover after termination of tenancy by notice
☐ Wrongful possession by disseisin / without right
☐ 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. Notice to Residential Occupant Following Foreclosure

To: [OCCUPANT NAME, IF KNOWN; OTHERWISE "OCCUPANT"]

Property: [STREET ADDRESS, UNIT, CITY, COUNTY, ZIP]

Foreclosure sale date: [__/__/____]

New owner: [NAME]

New owner's mailing address: [ADDRESS]

Telephone: [PHONE] Optional email or fax: [CONTACT]

The foreclosure sale of the property identified above has occurred, and the new owner purchased it. The new owner seeks possession. Unless the new owner and occupant agree to a new rental arrangement, the owner may seek a court order for possession only after the applicable deadline stated below, which is no earlier than ten business days following this notice. Staying after that date does not itself create a new tenancy with the owner.

Select the applicable route after checking the occupant's lease and federal protections:

☐ Bona fide tenant under § 702 of the Protecting Tenants at Foreclosure Act. The notice to vacate is effective no earlier than [__/__/____], at least 90 days after this notice. A bona fide lease entered before the notice of foreclosure permits occupancy through the remaining lease term ending [__/__/____], unless the unit is sold to a buyer who will occupy it as a primary residence; even then the tenant receives at least 90 days' notice. If this tenant has no lease or a tenancy terminable at will, the 90-day notice applies. Check the statutory bona fide tenancy criteria and any longer federal, state, or local protection.

☐ Occupant outside § 702, with reason documented: [FACTS]. The earliest possession-demand date under RSMo § 534.030 is [__/__/____], at least ten business days after this notice. Apply any other applicable protection or longer notice.

Notice date: [__/__/____] Owner or authorized agent signature: [SIGNATURE]

Missouri delivery record under § 534.030(3):

☐ Known occupant name: sent by certified or registered mail to [NAME] on [DATE].

☐ Name unknown: sent by regular mail addressed to "occupant" on [DATE].

☐ Posted on the door of the occupied premises on [DATE].

The envelope must display "Notice to Occupant Following Foreclosure" on its face. Keep proof of the required mailing and door posting with the filing record.

A-4. 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: [__/__/____]

Record of Notice or Demand Delivery

If this is the written possession demand required by § 534.030, use only a delivery method allowed by § 534.050:

☐ Delivered a copy to the person in possession
☐ Left a copy with a resident or person in charge of the premises over age 15: [NAME / ROLE]
☐ Posted a copy on the premises because no such person actually occupied them

For a different notice: Identify the notice, governing delivery rule, method used, and recipient: [________________________________].

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 action is brought under RSMo § 534.030 and may be heard in this county under § 534.060.

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 [__/__/____]; Part A-3 notice mailed and posted [DATES]; applicable state and federal occupancy period ended [__/__/____]
☐ Defendant obtained possession wrongfully and without force
☐ Other: [____________]

5. Demand / Required Notice.

5.1 ☐ For wrongful possession after demand under § 534.030, Plaintiff made a written demand for possession on [__/__/____] by the method allowed in § 534.050: [DESCRIBE DELIVERY]. A copy and proof of delivery are attached as Exhibit B.

5.2 ☐ For another unlawful detainer ground, Plaintiff satisfied the applicable termination or notice condition as follows: [DATES, METHOD, AND STATUTORY OR CONTRACT BASIS]. Copies are attached as Exhibit B.

5.3 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.

Serve this summons at least four (4) days before the court date under RSMo § 535.030.1 (rent and possession) or § 534.090.1 (unlawful detainer).

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:

For a possession demand required by § 534.030, § 534.050 allows delivery to the possessor; leaving a copy with a resident or person in charge over age 15; or posting only if no such person actually occupies the premises. Mailing alone is not a § 534.050 delivery method. Describe the actual method and recipient below.

☐ For a § 534.030 possession demand, delivered a copy to the person in possession
☐ For a § 534.030 possession demand, left a copy with [NAME], a resident or person in charge over age 15
☐ For a § 534.030 possession demand, posted a copy because no such person actually occupied the premises
☐ For another notice, delivery method and authority: [________________________________]

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.
• Payment and stay under § 535.160. On the date a money judgment is entered, tendering the rent then in arrears and all costs to the landlord, or bringing those amounts into court, stops further proceedings. After the original trial but before the judgment becomes final, satisfying the money judgment and costs stays execution for possession. A possession-only judgment has no stay under this section except as the statute specifies.
• 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. Section 534.030 expressly calls for a written demand in its wrongful-possession-by-disseisin clause; § 534.050 governs delivery and proof of that demand. Do not treat this demand as a substitute for a lease-termination notice or the separate post-foreclosure residential-occupant notice.
• Post-foreclosure notice. RSMo § 534.030(2)-(3) supplies a ten-business-day minimum, a prescribed notice substance, mailing, and door posting for a qualifying residential occupant. Section 702 of the Protecting Tenants at Foreclosure Act, restored by Pub. L. 115-174, § 304, requires at least 90 days' notice to a bona fide tenant and may preserve occupancy through a preforeclosure lease's remaining term. Use Part A-3 and the longer applicable protection before seeking possession.
• 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 § 441.740(1)(2)-(4) lists drug-related grounds for immediate eviction when the court makes the required finding; § 441.770 governs the resulting court-ordered eviction and execution. Neither section makes a landlord's notice alone an eviction order.
• St. Louis City / Kansas City. Confirm local court rules and any applicable municipal protections, including right-to-counsel programs. Section 441.043, as amended by 2025 HB 595, bars cities and counties from maintaining voucher source-of-income bans against private landlords.
• Mobile home tenancies. For a tenant who owns and occupies the mobile home and leases its land or lot for a term shorter than one year, RSMo § 441.060(4)(2) sets the landlord's termination date no sooner than 60 days after the next rent due date.

PRE-FILING CHECKLIST

☐ Selected correct cause of action (Chapter 535 vs. Chapter 534)
☐ Demanded rent for a Chapter 535 case, or completed the demand or other notice required for the selected Chapter 534 ground
☐ Applicable notice period has run (post-foreclosure: at least 10 Missouri business days and, for a bona fide tenant, at least 90 federal days or the protected remaining lease term; periodic termination: check the applicable notice; nonpayment: check the demand)
☐ 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, 534.050, 534.060, 534.330 (Unlawful Detainer).
• RSMo § 441.040 (ten-day notice to vacate for violations of §§ 441.020 or 441.030); § 441.060 (periodic termination); §§ 441.740 and 441.770 (immediate-eviction grounds and court order).
• Protecting Tenants at Foreclosure Act of 2009, § 702 (12 U.S.C. § 5220 note), restored by Pub. L. 115-174, § 304 (bona fide tenant notice and lease rights).
• 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.