A Missouri 60 Day Notice To Vacate is a letter which complies with state legal requirements to terminate a year-to-year lease. The non-terminating party must receive notice at least sixty (60) calendar days before the date of termination.
When To Use a Missouri 60 Day Notice To Vacate
A Missouri 60 Day Notice To Vacate terminates a year-to-year lease. Either the landlord or the tenant may deliver this notice at will.
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 60 Day Notice To Vacate
To help ensure the legal compliance of a Notice To Vacate:
- Use the full name of the receiving parties, and address of record, if known
- Specify the termination date of the lease or tenancy
- 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 60 Day Notice To Vacate
Missouri law isn’t specific on requirements for landlords and tenants validly delivering a written Notice To Vacate, which means any method is valid as long as it results in actual notice to the receiving party. The following methods, which come from formal service of legal process in the state, represent the legal gold standard:
- Hand delivery to the other party
- Hand delivery to a person at least 18 years old on the property who can accept the notice on behalf of the other party
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 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