A Missouri 60 Day Notice to Vacate is a lease termination letter written to terminate a year-to-year lease. The letter is provided to either party at least sixty (60) calendar days before the expiration of the lease.
When to Use a Missouri 60 Day Notice to Vacate
A landlord or a tenant may use a Missouri 60-Day Notice to Vacate to terminate a year-to-year lease in accordance with state law.
How to Write a Missouri 60 Day Notice to Vacate
For a lease termination notice to be legally compliant:
- State who the legal letter is addressed to (use full name of the receiving party).
- Include the termination date of the lease or tenancy.
- Fill in the full address of the rental premises.
- For tenants, provide your new address and an updated phone number.
- Sign the notice and print your name.
- For landlords, include contact information, such as address and phone number.
- Complete the certificate of service by indicating the date and method of notice delivery along with printed name and signature.
Without this information on the lease termination notice, a judge may not be able to proceed with legal action.
How to Serve a Missouri 60 Day Notice to Vacate
A landlord or tenant can deliver lease termination notices in Missouri using either of the below acceptable methods:
- Handing the notice to the other party in person;
- Handing the notice to a person who can accept the letter on the party’s behalf 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 § 441.050
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Tenancy from year to year, how terminated. — Either party may terminate a tenancy from year to year by giving notice, in writing, of his intention to terminate the same, not less than sixty days next before the end of the year.
Source Link - 2 Missouri Court Rules of Civil Procedure - Rule 54.13
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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 sending party can present a certified mail receipt signed by the receiving party.
Source Link - 3 Missouri Court Rules of Civil Procedure - Rule 44.01
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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