A Missouri 10 Day Notice To Vacate is a letter which complies with state legal requirements to begin eviction against a tenant for an incurable violation (i.e., one which the tenant is not allowed an opportunity to correct), such as selling controlled substances on the premises. The tenant must move out within ten (10) calendar days of receiving notice.
When To Use a Missouri 10 Day Notice To Vacate
A Missouri 10 Day Notice To Vacate begins the eviction process for the following tenant violations:
- Possession, sale, or distribution of controlled substances
- Use of the premises for gambling or prostitution
- Causing serious damage to the premises
- Assignment or transfer of a lease interest without the landlord’s written consent
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 Vacate
To help ensure the legal compliance of a Notice To 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
- 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 Vacate
Missouri law isn’t specific on requirements for landlords validly delivering an initial written Notice To 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. The landlord shall have the burden to prove that the premises were being used for the illegal possession, sale or distribution of controlled substances under a petition filed for that reason, but the landlord shall not be liable for any damages resulting from the landlord’s reliance on written notification to the landlord by a law enforcement authority that the premises are being used for the illegal conduct
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
