Missouri 5 Day Notice To Comply or Vacate

Last Updated: March 20, 2024 by Roberto Valenzuela

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:

  1. Use the full name of the receiving parties, and address of record, if known
  2. Specify the termination date of the lease or tenancy
  3. Specify the basis for terminating the tenancy, and the corrective action(s) required to avoid termination
  4. Fill in the full address of the rental premises
  5. Provide updated/current address and phone number information
  6. Print name and sign the notice
  7. 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

In almost all cases, notice is legally served when it is received by the other party, NOT when it’s sent. Check specified date of termination carefully to ensure compliance with the legal requirements for a notice period.