Summary
There are several types of evictions that can be filed in Missouri. Though Rent and Possession and Unlawful Detainer cases are the most common. Review below to see what type of case has been filed against you.
motenanthelp
Last updated 09/26/2023In this page
To evict you from your home, a landlord must file a lawsuit and obtain a court order. Usually, the landlord will file either a rent and possession lawsuit or an unlawful detainer lawsuit. You will know if either a rent and possession or unlawful detainer lawsuit has been filed against you when you receive a summons to court.
Rent and possession
- Contained within Chapter 535 of Missouri Revised Statutes.
- Landlord is stating that the tenant owes rent. Landlord is asking for possession of the property to be returned to them and whatever money is owed by the tenant.
- Filed in Associate Circuit Court.
- Landlord must issue a demand for rent; however, filing a case will count as a demand for the rent.
Unlawful detainer
- Contained in Chapter 534 of Missouri Revised Statutes
- Filed when a tenant has remained in the home after their tenancy has ended or demand for possession has been made.
- Typically filed when a landlord is stating that a tenant has violated their lease.
- Filed in Associate Circuit Court.
- If the tenant is still in the lease term, notice of the lease termination must be given prior to filing.
Expedited evictions
- Contained in Chapter 441 of Missouri Revised Statutes
- Filed when a landlord believes that a tenant is performing criminal actions such as making or selling drugs and/or running a brothel on the property being leased.
- Filed in Associate Circuit Court
- Has a faster time frame to trial than all of the previous forms of evictions.
Ejectment
- Contained within Chapter 524 of Missouri Revised Statutes
- The least common form of eviction.
- Can be filed in Associate Circuit Court if filed with other actions, but also can be filed in Circuit Court.
- If filed alone, follows similar procedural rules as other civil actions.