A Missouri 10 Day Notice to Comply or Vacate is an official eviction document delivered to the tenant for a lease violation, such as allowing unauthorized occupants to reside at the premises. The tenant has the option to correct the lease violation or move out within ten (10) calendar days.
When to Use a Missouri 10 Day Notice to Comply or Vacate
Use a 10 Day Notice to Comply or Vacate to begin the eviction process in Missouri:
- If the tenant violated the lease with unauthorized occupants residing at the premises.
- If the tenant failed to maintain the rental unit in a clean and sanitary manner.
- If the tenant refused to allow the landlord access to the rental unit.
- If the tenant disturbed the peace and enjoyment of others.
- If the tenant violated any other provisions of the lease.
If none of the above are true, use one of the below forms to evict a tenant:
- Notice to Quit for Unpaid Rent – If the tenant is late on rent (starting the day after it’s due), either in part or in full.
- 5 Day Notice to Comply or Vacate – If a person, other than the tenant, committed a criminal act on the premises, such as causing physical injury to the tenant, landlord or other persons, committed substantial property damage or engaged in drug related activity.
- 10 Day Notice to Vacate – If the tenant possessed, sold or distributed controlled substances, allowed gambling or prostitution, damaged the property or assigned the lease without the landlord’s approval.
- 30 Day Notice to Vacate – If the tenant or landlord is terminating a tenancy of less than one (1) year, including a periodic lease (i.e. week-to-week or month-to-month). This letter may also be used for tenants with no written lease or for tenants with an expired lease.
How to Write a Missouri 10 Day Notice to Comply or Vacate
The Missouri 10 Day Notice to Comply or Vacate form shall be completed as follows:
- Write all adult tenants’ names (do not include minors);
- Fill in the complete address of the rental premises;
- Specify the rule or lease violation;
- Enter the date when the violation must be cured;
- Include the tenant’s balance due, if applicable;
- Include the date the notice is served;
- Landlord prints name and signs notice;
- Landlord includes address and phone number.
How to Serve a Missouri 10 Day Notice to Comply or Vacate
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.
- 1 MO Rev Stat § 441.040
If any tenant violates the provisions of section 441.020 or 441.030, the landlord, or person holding under the landlord, after giving ten days’ notice to vacate the premises, shall have a right to reenter the premises and take possession of the premises, or to oust the tenant, subtenant or undertenant of any person on the premises with the permission of the lessee, sublessee or under lessee by the procedure specified by law.Source Link
- 2 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 the landlord can present a certified mail receipt signed by the tenant. A receipt signed by someone other than the tenant will not suffice.Source Link
- 3 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