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 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 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
A landlord can deliver notices in Missouri using either of the below acceptable methods:
- Handing the notice to the tenant in person;
- Handing the notice to a person of suitable age and discretion (over the age of 18) AND mailing the notice by certified mail with a return receipt requiring the receiving party’s signature.
When sending the notice by certified mail, add three (3) calendar days to the notice period to account for variability in post office delivery times.
Obtaining Proof of Service in Missouri
A landlord can demonstrate proof that a notice was delivered through the following methods:
- Hand Delivery – by completing a Declaration of Service at the time of delivery.
- Certified Mail – via a return receipt with the receiving party’s signature confirming receipt and by completing a Declaration of Service at the time of mailing.
Missouri Eviction & Lease Termination Notice Forms
|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|
- 1 Missouri Court Rules of Civil Procedure - Rule 54.13
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, or by delivering a copy of the summons and petition to an agent authorized by appointment or required by law to receive service of process.
The courts accept notices served by certified mail with a return receipt only if sending party can present a certified mail receipt signed by the receiving party.Source Link
- 2 Missouri Court Rules of Civil Procedure - Rule 44.01
Additional Time After Service by Mail. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon the party and the notice or paper is served by mail, three days shall be added to the prescribed period.Source Link