A Missouri eviction notice form is a legal demand for a tenant to comply with the terms of the rental agreement or else move out of the premises. Missouri landlords may deliver an eviction notice because of unpaid rent, lease violations, or illegal activity on the rental property.
Types of Missouri Eviction Notice Forms
| Notice Form | Grounds | Curable? |
| Notice To Quit for Unpaid Rent | Unpaid Rent | Yes |
| 10 Day Notice To Comply or Vacate | Lease Violation | Yes |
| 5 Day Notice To Comply or Vacate | Criminal Act | Maybe |
| 10 Day Notice To Vacate | Illegal Activity | No |
| 30 Day Notice To Vacate | End of / No Lease | No |
Missouri Notice To Quit for Unpaid Rent
A Missouri Notice To Quit for Unpaid Rent evicts a tenant for nonpayment of rent. In Missouri, a landlord can file this notice the day after rent is due, with no grace period for the tenant. The tenant must pay all past due rent or move out immediately. Many landlords provide a few days as a grace period to collect the necessary funds, but this is not a legal requirement.
Missouri 10 Day Notice To Comply or Vacate
A Missouri 10 Day Notice To Comply or Vacate demands correction of a lease violation that is “curable,” i.e., the tenant gets a chance to fix the situation rather than be evicted. A curable lease violation might include failure to maintain health and safety on the rental property, interfering with the quiet enjoyment of neighbors, or refusal to allow lawful entry by the landlord. The tenant must take appropriate corrective action or move out within ten (10) calendar days of receiving notice.
Missouri 5 Day Notice To Comply or Vacate
A Missouri 5 Day Notice To Comply or Vacate eviction notice form is served to the tenant for a person, other than the tenant, committing a criminal act on the premises.
A criminal act includes (but is not necessarily limited to):
- Causing physical injury to other persons
- Causing property damage in excess of 12 months of rent
- Engaging in drug-related activity
- Allowing a banned individual to reside at the premises
The tenant must establish no knowledge of, or involvement in, the violation. This includes reporting crimes to law enforcement and obtaining protective orders against individuals, as necessary. Tenants must prove they have taken the appropriate actions or else move out within five (5) judicial days (i.e., not counting weekends or legal holidays) of receiving notice.
Missouri 10 Day Notice To Vacate
A Missouri 10 Day Notice To Vacate evicts a tenant for an “incurable” lease violation, i.e., one which the tenant is not allowed to restore through corrective action. For example, illegal actions are against the community and thus can’t be restored through compensation to the landlord. Assigning the lease to another party without the landlord’s consent is also an incurable violation. The tenant must move out within ten (10) calendar days of receiving notice.
Missouri 30 Day Notice To Vacate
A Missouri 30 Day Notice To Vacate terminates a tenancy of less than one (1) year, including a periodic lease (e.g., week-to-week or month-to-month), as well as expired leases and situations with no written lease. The non-terminating party must receive notice at least thirty (30) calendar days before the date of termination.
How To Write an Eviction Notice in Missouri
To help ensure the legal compliance of an eviction notice:
- Use the tenant’s full name and address
- Specify the lease violation as well as any balance due
- Specify the date of termination
- Print name and sign the notice, including the landlord’s address of record
- Note 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 Calculate Expiration Date in Missouri
The “clock” for an eviction notice period starts “ticking” the day after the notice gets delivered (served). For example, to give at least 30 days of notice and begin court action as of June 30th, delivery of the eviction notice must be no later than May 31st.
In most jurisdictions, if the last day of a notice period is a Saturday, Sunday, or legal holiday, the notice period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. This is called the “next judicial day;” in other words, the next day a courthouse is open.
Missouri counts only judicial days (i.e., no weekends or legal holidays) for notice periods of less than seven (7) days. Longer periods are counted normally.
How To Serve an Eviction Notice in Missouri
Missouri law isn’t specific on requirements for landlords validly delivering an initial eviction notice, 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
Sources
- 1 MO Rev Stat § 441.750
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The court shall not order the eviction of a tenant under section 441.740 if the tenant establishes that he or she in no way furthered, promoted, aided or assisted in activity described in section 441.740, and that the tenant did not know or have reason to know that such activity was occurring on or within the property, or the tenant was unable to take action to prevent the activity because of verbal or physical coercion by the person conducting the activity.
2. Actions filed pursuant to sections 441.710 to 441.880 against a tenant, where the criminal activity described in section 441.740 is alleged to have been conducted by a person other than a tenant, may be filed following at least five days’ written notice to the tenant specifying the provisions of this section and the conduct alleged in the petition, provided the tenant then fails to take at least one of the following measures against the person alleged to be conducting such activity and delivers written proof of same to the plaintiff:
(1) The tenant seeks a protective order, restraining order, order to vacate the premises, or other similar relief which would apply to such activity; or
(2) The tenant reports the activity to a law enforcement agency or the county or prosecuting attorney in an effort to initiate a criminal action against the person conducting the activity.
Source Link - 2 Missouri Court Rules of Civil Procedure - Rule 44.01
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Computation. In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday or a legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday nor a legal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.
Source Link - 3 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
