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.
Grounds | Time | Curable? |
---|---|---|
Lease Violation | 10-Day | No |
Lease Termination | 30/60-Day | No |
Illegal Activity | 5/10-Day | No |
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.
- Prostitution.
- 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.
Sources
- 1 MO Rev Stat §441.040 (2020)
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If any tenant violates the provisions of section 441.020 or 441.030, the landlord, or person holding under the landlord, after giving ten days’ notice to vacate the premises, shall have a right to reenter the premises and take possession of the premises…by the procedure specified by law…
- 2 MO Rev Stat §1.190 (2020)
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…the delivery of a true copy of the notice to the person intended to be notified, or the leaving of a copy at his usual place of abode with some member of his family over the age of fifteen years, constitutes a valid and sufficient service of the notice.
- 3 MO Rev Stat §441.060 (2020)
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1. A tenancy at will or by sufferance, or for less than one year, may be terminated by the person entitled to the possession by giving one month’s notice, in writing, to the person in possession, requiring the person in possession to vacate the premises.
- 4 MO Rev Stat §441.050 (2020)
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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.
- 5 MO Rev Stat §441.020 (2020)
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Whenever any lessee…permits any prohibited gaming table, bank or device to be set up or be kept or used upon the premises, for the purpose of gaming, or keeping in the same a bawdyhouse, brothel or common gaming house, or allowing the illegal possession, sale or distribution of controlled substances upon the premises, the lease or agreement for letting such house or building shall become void…
- 6 MO Rev Stat §441.770 (2020)
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Notwithstanding any other provision of law concerning the procedures otherwise used in eviction proceedings, it shall not be necessary, except as provided in section 441.750, to provide notice to the tenant to vacate the premises prior to filing a cause of action pursuant to sections 441.710 to 441.880.
- 7 MO Rev Stat §441.740 (2020)
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1.The court shall…order the immediate eviction of a tenant…if it finds any of the following: (1)An emergency situation where dispossession of the tenant by other, less expeditious legal means would…cause…(a)Physical injury to other tenants or the lessor; or (b)Physical damage to lessor’s property and the reasonable cost to repair such damage exceeds an amount equal to twelve months of rent…
- 8 MO Rev Stat §441.740 (2020)
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(2) Drug-related criminal activity has occurred on or within the property leased to the tenant; (3) The property leased to the tenant was used in any way to further, promote, aid or assist in drug-related criminal activity; (4) The tenant, a member of the tenant’s household or a guest has engaged in drug-related criminal activity either within, on or in the immediate vicinity of the leased property…
- 9 MO Rev Stat §441.750 (2020)
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2. Actions filed…against a tenant, where the criminal activity…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…