A Missouri 30 Day Notice To Vacate is a letter that complies with state legal requirements to terminate a tenancy of less than one (1) year, including a periodic lease. The non-terminating party must receive notice at least thirty (30) calendar days before the date of termination.
When To Use a Missouri 30 Day Notice To Vacate
A Missouri 30 Day Notice To Vacate terminates the following types of tenancy:
- A tenancy with a term of less than one (1) year, including a periodic tenancy (e.g., week-to-week or month-to-month)
- An expired lease
- A rental with no written lease
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 30 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
- 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 30 Day Notice To Vacate
Missouri law isn’t specific on requirements for landlords and tenants validly delivering a written Notice To Vacate, which means any method is valid as long as it results in actual notice to the receiving party. The following methods, which come from formal service of legal process in the state, represent the legal gold standard:
- Hand delivery to the other party
- Hand delivery to a person at least 18 years old on the property who can accept the notice on behalf of the other party
Sources
- 1 MO Rev Stat § 441.060
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A tenancy at will or by sufferance, or for less than one year, may be terminated by the person entitled to the possession by giving one month’s notice, in writing, to the person in possession, requiring the person in possession to vacate the premises
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