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Steps to File an Eviction in Missouri. Once the landlords serves their tenant in Missouri with a notice, next the landlord must file an unlawful detainer lawsuit in the appropriate court of law. After filing an unlawful detainer, the court's clerk will provide the landlord with two copies of the summons and complaint.
Under Missouri law, a landlord must sue the tenant and win the lawsuit before they can evict. Landlords must use the legal process no matter what the reason for eviction is. Removing a tenant without a court order is sometimes called a self-help eviction or an illegal lockout.
In a Missouri eviction, this is called an unlawful detainer case. The landlord must provide the tenant with a 10-Day Notice to Quit that informs the tenant of their violation, and that they are about to be evicted. The notice gives the tenant 10 days to vacate the rental unit.
Under Missouri law, she has an oral, month-to-month lease agreement. Before she can be evicted, you need to give her written notice of that termination and give her a full rental period's notice of the termination.
In Missouri, similar to other states, only a court can facilitate the removal of a tenant from a rental unit as per the Missouri Landlord Tenant Law. This is why a landlord must follow the correct legal procedure so that the landlord avoids making a mistake like attempting to self-evict their tenant, which is illegal.