A Missouri eviction notice form for violation of the lease agreement is a written document that states a tenant has 10 days to vacate the premises. Additionally, there are other notice forms for other possible grounds for eviction in Missouri.
Types of Missouri Eviction Notices
Each possible ground for eviction has its own notice type. Some notices allow the tenant to fix (“cure”) the issue and continue the tenancy, while others simply state an amount of time to vacate by.
NOTE: Landlords may not file an eviction action with the court unless the tenant is at least one month behind on their rent payment. Written notice is not required to pursue an eviction action for nonpayment of rent.
10-Day Notice to Quit (Non-Compliance)
A tenant can be evicted if they do not uphold their responsibilities under the terms of a written lease or rental agreement. These are called unlawful detainer cases in Missouri.
Missouri landlords are not required to allow tenants to correct a lease violation in these instances, but they must provide tenants with a 10-Day Notice to Quit, giving the tenant 10 days to move out of the rental unit to avoid eviction.
Typical lease violations under this category could include things like damaging the rental property, having too many people residing in the rental unit, and having a pet when there’s a no-pet policy.
Note that illegal activity is not included in this category.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process. The notice should include the date the tenancy will terminate.
Get the downloadable 10-Day Eviction Notice for Noncompliance form template below (.pdf direct link).
30/60-Day Lease Termination Notice (No Lease/End of Lease)
In the state of Missouri, if tenants “hold over,” or stay in the rental unit after the rental term has expired, then the landlord must give tenants notice before evicting them. This can include tenants without a written lease and week-to-week and month-to-month tenants.
Often this type of eviction applies to tenants who are at the end of their lease and the landlord doesn’t want to renew. These types of eviction cases, along with violation of lease evictions, are called unlawful detainer cases in Missouri.
For all tenancies less than one year, 30 days’ written notice is required.
For year-to-year tenancies, 60 days’ written notice is required.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
The notice should include the date the tenancy will terminate.
Get the downloadable 30/60-Day Lease Termination Notice form template below (.pdf direct link).
5/10-Day Notice to Quit (Illegal Activity)
Tenants who are involved in illegal activity must be given 10 days’ written notice before the landlord can proceed with an eviction action, if the illegal activity falls under one of the following categories:
- Illegal gaming.
- Illegal possession, sale, distribution of a controlled substance.
No notice is required if tenants are involved in the following:
- Physical injury to other tenants or landlord.
- Property damage in an amount exceeding 12 months’ rent.
- Drug-related criminal activity.
In cases where someone other than the tenant was involved in drug-related criminal activity, caused excessive property damage, or physically harmed someone else on the rental property, the tenant must be given 5 days’ written notice.
If the tenant remains on the property after the notice period (if any) expires, the landlord may proceed with the eviction process. The notice should include the date the tenancy will terminate.
Get the downloadable 5/10-Day Eviction Notice for Illegal Activity form template below (.pdf direct link).
Information Required for All Missouri Notices
Missouri state law doesn’t specify the information required for all eviction notices. However, it’s a good idea to include:
- The date the tenancy will terminate;
- The reason for the eviction; and
- The tenant’s name and contact information.
The landlord will also want to get the tenant’s signature confirming that they received the eviction notice, if the notice was hand-delivered.
Acceptable Ways of Delivering Notices
In the state of Missouri, landlords can deliver an eviction notice through either of the following methods:
- Giving the notice to the tenant in person; and
- Leaving a copy of the notice with a family member over the age of 15.
Note that using certified mail is not required under Missouri law.
Eviction Process in Missouri
- An eviction notice is posted by the landlord to vacate or “cure” the issue.
- If the tenant does not vacate when required to do so, a complaint is filed by the landlord with the county court.
- A hearing is held and judgment issued.
- If an eviction is granted, a Writ of Possession is posted, at the property, giving final notice to the tenant to remove their belongings.
- Finally, the sheriff returns possession of the property to the landlord.
To learn more about the eviction process in Missouri, click here.