In Missouri, in order for the delivery of a lease termination or eviction notice to be legal, certain rules and procedures must be followed. If they are not and the case proceeds to court, the case may be postponed or dismissed by a judge.
Who Can Serve Eviction Notices in Missouri?
In Missouri, landlords can serve eviction notices and lease termination notices themselves. Landlords may choose to hire a sheriff, process server or independent party over eighteen (18) years old to serve an official notice, but they are not required to do so by law.
When Can Eviction Notices Be Served in Missouri?
In Missouri, lease termination and eviction notices can be served immediately on any day of the week and at any time of day.
For a Notice to Quit for nonpayment of rent, the eviction notice for tenants that do not pay rent in full and on time, a landlord can serve notice the day after rent is due. There is no legal grace period for paying rent in Missouri, rent is late starting the day after it’s due.
Acceptable Forms of Service in Missouri
Missouri law isn’t specific on requirements for landlords validly delivering an initial eviction notice, which means any method is valid as long as it results in actual notice to the tenant. The following methods, which come from formal service of legal process in the state, represent the legal gold standard:
- Hand delivery to the tenant
- Hand delivery to a person at least 18 years old on the property who can accept the notice on behalf of the tenant
Obtaining Proof of Service in Missouri
A landlord can demonstrate proof that a notice was delivered by hand, by completing a Declaration of Service at the time of delivery.
Missouri Eviction and Lease Termination Notice Forms
| Notice Form | Grounds |
| Notice To Quit for Unpaid Rent | Eviction for Unpaid Rent |
| 10 Day Notice To Comply or Vacate | Eviction for Lease Violation |
| 5 Day Notice To Comply or Vacate | Eviction for Criminal Act |
| 10 Day Notice To Vacate | Eviction for Illegal Activity |
| 30 Day Notice To Vacate | Ending a Periodic Lease /
Tenancy of Less than 1 Year |
| 60 Day Notice To Vacate | Ending a Yearly Lease |
Sources
- 1 Mo. R. Civ. P. 54.13(b)
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Personal service within the state shall be made as follows:
(1) On Individual. Upon an individual, including an infant or incompetent person not having a legally appointed guardian, by delivering a copy of the summons and petition personally to the individual or by leaving a copy of the summons and petition at the individual’s dwelling house or usual place of abode with some person at least 18 years of age residing therein… Source Link
