A Missouri 5 Day Notice To Comply or Vacate is a letter which complies with state legal requirements to begin eviction against a tenant for a person, other than the tenant, committing a criminal act on the premises. The tenant must take appropriate legal action against the person, or else move out within five (5) judicial days (i.e., not counting weekends or legal holidays) of receiving notice.
When To Use a Missouri 5 Day Notice To Comply or Vacate
A Missouri 5 Day Notice To Comply or Vacate begins the eviction process against a tenant, for the following violations committed by a person other than the tenant:
- Causing physical injury to the tenant, the landlord or another person on the premises
- Causing substantial property damage (an amount that exceeds more than 12 months’ rent)
- Drug-related criminal activity on the premises
- Residing at the premises by the tenant’s permission, despite being barred from the property
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 5 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 5 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 § 441.740
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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 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