A Missouri 10 Day Notice To Comply or Vacate is a letter which complies with state legal requirements to begin eviction against a tenant for for a lease violation, such as allowing unauthorized occupants to reside at the premises. The tenant must take appropriate corrective action or move out within ten (10) calendar days of receiving notice.
When To Use a Missouri 10 Day Notice To Comply or Vacate
A Missouri 10 Day Notice To Comply or Vacate begins the eviction process for the following tenant violations:
- Occupancy violations
- Failure to maintain the rental unit in a clean and sanitary manner
- Refusal to allow the landlord lawful access to the premises
- Disturbing the quiet enjoyment of neighbors
- Other lease violations
Some types of Missouri lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.
How To Write a Missouri 10 Day Notice To Comply or Vacate
To help ensure the legal compliance of a Notice To Comply or Vacate:
- Use the full name of the receiving parties, and address of record, if known
- Specify the termination date of the lease or tenancy
- Specify the basis for terminating the tenancy, and the corrective action(s) required to avoid termination
- Fill in the full address of the rental premises
- Provide updated/current address and phone number information
- Print name and sign the notice
- Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Serve a Missouri 10 Day Notice To Comply or Vacate
Missouri law isn’t specific on requirements for landlords validly delivering an initial written Notice To Comply or Vacate, 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
Sources
- 1 MO Rev Stat § 441.040
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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 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