A Missouri Notice to Quit for Unpaid Rent is an eviction letter served to the tenant for nonpayment of rent. Missouri law does not require the landlord to give tenants more time to pay past due rent, however it is common practice to grant tenants three (3) to five (5) days before filing an eviction.
When to Use a Missouri Notice to Quit for Unpaid Rent
Use a Notice to Quit for Unpaid Rent to begin the eviction process in Missouri if the tenant is late on rent (starting the day after it’s due), either in part or in full.
If the above is not true, use one of the below forms to evict a tenant:
- 5 Day Notice to Comply or Vacate – If a person, other than the tenant, committed a criminal act on the premises, such as causing physical injury to the tenant, landlord or other persons, committed substantial property damage or engaged in drug related activity.
- 10 Notice to Vacate – If the tenant possessed, sold or distributed controlled substances, allowed gambling or prostitution, damaged the property or assigned the lease without the landlord’s approval.
- 10 Day Notice to Comply or Vacate – If the tenant violated the rules with too many occupants residing in the rental unit, disturbed the peace or enjoyment of others, refused to allow the landlord access to the rental unit or violated any other provisions of the lease.
- 30 Day Notice to Vacate – If the tenant or landlord is terminating a tenancy of less than one (1) year, including a periodic lease (i.e. week-to-week or month-to-month). This letter may also be used for tenants with no written lease or for tenants with an expired lease.
How to Write a Missouri Notice to Quit for Unpaid Rent
The Missouri Notice to Quit form shall be completed as follows:
- Write all adult tenants’ names (do not include minors);
- Fill in the complete address of the rental premises;
- Enter the amount of rent due and the date it became due;
- Include the total amount to be paid;
- Explain where the total amount due should be paid;
- The date the total amount is due or the date the tenant must vacate the premises;
- Include the date the notice is served;
- Landlord prints name and signs notice;
- Landlord includes address and phone number.
How to Serve a Missouri Notice to Quit for Unpaid Rent
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 § 535.010
In all cases in which lands and tenements are or shall be rented or leased, and default shall be made in the payment of the rents at the time or times agreed upon by the parties, it shall be lawful for the landlord to dispossess the tenant and all subtenants and recover possession of the premises rented or leased, in the manner herein provided.Source Link
- 2 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
- 3 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