A Missouri 5 Day Notice to Comply or Vacate is an eviction letter for a person, other than the tenant, committing a criminal act on the premises. Unless the tenant takes appropriate legal action against the person, the tenant must move out within five (5) judicial days (not counting weekends or legal holidays).
When to Use a Missouri 5 Day Notice to Comply or Vacate
Use a 5 Day Notice to Comply or Vacate to begin the eviction process in Missouri:
- If the person caused physical injury to the tenant, the landlord or another person on the premises.
- If the person committed substantial property damage (an amount that exceeds more than 12 months rent).
- If the person committed drug related, criminal activity on the premises.
- If the person is barred from the property and the tenant allowed the person to reside at the premises.
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.
- 10 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.
- 10 Day Notice to Comply or Vacate – If the tenant violated the rules with too many occupants residing in the rental unit, failed to maintain the premises in a clean or sanitary manner, disturbed the peace and enjoyment of others or violated any other provisions of the lease.
- 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 5 Day Notice to Comply or Vacate
The Missouri 5 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;
- Check the box to indicate the incurable breach;
- Include the tenant’s balance due, if applicable;
- Enter the date the tenancy terminates;
- Include the date the notice is served;
- Landlord prints name and signs notice;
- Landlord includes address and phone number.
How to Serve a Missouri 5 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.
Sources
- 1 MO Rev Stat § 441.740
-
Immediate eviction ordered, when — immediate removal ordered, when. — 1. The court shall, subject to the provisions of sections 441.750 and 441.880, order the immediate eviction of a tenant as set forth in section 441.770, or issue an order pursuant to section 441.830, if it finds any of the following:
(1) An emergency situation where dispossession of the tenant by other, less expeditious legal means would, because of the passage of time, imminently cause with a reasonable certainty either of the following:
(a) Physical injury to other tenants or the lessor; or
(b) Physical damage to lessor’s property and the reasonable cost to repair such damage exceeds an amount equal to twelve months of rent; for the purposes of this paragraph, the term “rent” shall include the amount owed by the tenant along with any subsidy owed from any third party; No action shall be taken under this subdivision unless the lessor first makes a reasonable attempt to abate the emergency situation through public law enforcement authorities or local mental health services personnel authorized to take action pursuant to section 632.300, et seq., as appropriate.
(2) Drug-related criminal activity has occurred on or within the property leased to the tenant;
(3) The property leased to the tenant was used in any way to further, promote, aid or assist in drug-related criminal activity;
(4) The tenant, a member of the tenant’s household or a guest has engaged in drug-related criminal activity either within, on or in the immediate vicinity of the leased property;
(5) The tenant has given permission to or invited a person to enter onto or remain on any portion of the leased property, and the tenant did so knowing that the person had been removed or barred from the leased property pursuant to the provisions of sections 441.710 to 441.880; or
(6) The tenant has failed to promptly notify the plaintiff that a person whom the plaintiff previously had removed from the property leased by the tenant, with the knowledge of the tenant, has returned to, entered onto or remained on the property leased by the tenant.
2. The court shall, subject to the provisions of section 441.880, order the immediate removal of any person who engages in criminal activity described in this section on or in the immediate vicinity of the leased property. Persons removed from the leased premises pursuant to this section shall be immediately barred from entering onto or remaining on any portion of the leased property.
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