A Missouri eviction notice form is a legal letter provided to a tenant directing them to correct a breach of their obligations and/or vacate the premises. In Missouri, eviction notices can be served for the nonpayment of rent, lease violations or participating in illegal activity.
Types of Missouri Eviction Notice Forms
|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 is an eviction document served to the tenant for nonpayment of rent. The tenant has the option to pay the balance due within the timeframe specified by the landlord or move out of the rental unit by the termination date.
Missouri law does not require the landlord to give the tenant more time to pay the rent once it is past due. The landlord has the option to file an eviction for nonpayment of rent immediately, however it is common practice to grant tenants three (3) to five (5) days to pay the balance due, but this is not required by law.
Missouri 10 Day Notice to Comply or Vacate
A Missouri 10 Day Notice to Comply or Vacate eviction notice form is delivered to the tenant for a curable lease violation. Examples of lease violations include failing to maintain the premises in a clean and sanitary condition, parking a vehicle in an unauthorized area or refusing to allow the landlord access to the rental unit. The tenants have the option to fix the violation, but if they fail to comply, they must move out of the rental unit within ten (10) calendar days.
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 causing physical injury to the tenant, landlord or other persons, committing substantial property damage (damages exceed an amount equal to 12 months of rent) or engaging in drug related activity. In addition, if the person has been barred from the property, the tenant is not allowed to let the person reside at the premises.
In order for the tenants to remain on the premises, they shall establish that they had no knowledge of or involvement in any crime committed by the other person. If the tenant does not take legal action against the person in the form of a protective order or if they fail to report the criminal activity to law enforcement, the rental agreement shall terminate.
The tenant must present written proof to the landlord of the appropriate legal measures taken against the person (i.e. protective order) before the notice period expires. If the tenants fail to show they were not involved in the crime and that they pursued the necessary legal action, they must move out of the rental unit within five (5) judicial days (not counting weekends or legal holidays).
Missouri 10 Day Notice to Vacate
A Missouri 10 Day Notice to Vacate eviction notice form is served to the tenant for an incurable breach of the lease. An incurable violation includes possessing or selling controlled substances, allowing gambling or prostitution on the premises, causing damage to the rental property or assigning the lease without the landlord’s approval. The tenant does not have the option to correct the violation and must vacate the premises within ten (10) calendar days.
Missouri 30 Day Notice to Vacate
A Missouri 30 Day Notice to Vacate is a lease termination letter served by the landlord or the tenant to terminate a tenancy of less than one (1) year, including a periodic lease (i.e. week-to-week or month-to-month). In addition, this letter may be used for tenants with no written lease or for tenants with an expired lease. The legal letter shall be provided at least thirty (30) calendar days prior to the end of the following rental period or before the last day of the lease term.
How to Write an Eviction Notice in Missouri
For an eviction notice to be legally compliant:
- List tenants’ full names;
- List full address;
- Include grounds for eviction;
- Calculate and include termination date;
- Include date notice served;
- The landlord’s signature and printed name; and
- The landlord’s address and telephone number.
Without this information on the notice, a judge may not be able to proceed with an eviction proceeding and the landlord’s case may be dismissed.
How to Calculate Expiration Date in Missouri
An eviction notice in Missouri takes effect the day after it is served. If the notice period is less than seven (7) days, weekends and legal holidays are not counted. If the notice is for seven (7) days or more, then all days are counted during the notice period, including weekends and legal holidays.
If the last day of the notice period falls on a weekend or legal holiday, the notice will not officially expire until the following judicial day. A judicial day is a day when the courthouse is open.
How to Serve an Eviction Notice in Missouri
A landlord can deliver notices in Missouri using either of the below acceptable methods:
- Handing the notice to the tenant in person;
- Handing the notice to a person of suitable age and discretion (over the age of 18) 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.
- 1 MO Rev Stat § 441.750
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.
- 2 Missouri Court Rules of Civil Procedure - Rule 44.01
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 Missouri Court Rules of Civil Procedure - Rule 54.13
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 the landlord can present a certified mail receipt signed by the tenant. A receipt signed by someone other than the tenant will not suffice.Source Link
- 4 Missouri Court Rules of Civil Procedure - Rule 44.01
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