Missouri 5 Day Notice to Comply or Vacate

Last Updated: March 6, 2023 by Marnie Snyder

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:

  1. Write all adult tenants’ names (do not include minors);
  2. Fill in the complete address of the rental premises;
  3. Check the box to indicate the incurable breach;
  4. Include the tenant’s balance due, if applicable;
  5. Enter the date the tenancy terminates;
  6. Include the date the notice is served;
  7. Landlord prints name and signs notice;
  8. 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:

  1. Handing the notice to the tenant in person;
  2. 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.

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