A Missouri Notice To Quit for Unpaid Rent is a letter which complies with state legal standards to begin eviction against a tenant for nonpayment of rent. The tenant must pay the balance due or else move out by the specified date of termination, which in Missouri may be immediate.
When To Use a Missouri Notice To Quit for Unpaid Rent
A Missouri Notice To Quit for Unpaid Rent begins the eviction process when the tenant is late on rent. A landlord may deliver this notice when any portion of the rent remains unpaid, beginning the day after it’s normally due.
There is no grace period required in state law, so a landlord may demand immediate payment on threat of filing in court for eviction. However, it is common practice in state to allow three (3) to five (5) days for the tenant to pay the balance due.
Some types of Missouri lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.
How To Write a Missouri Notice To Quit for Unpaid Rent
To help ensure the legal compliance of a Notice To Quit:
- Use the full name of the receiving parties, and address of record, if known
- Specify the termination date of the lease or tenancy
- Specify the basis for terminating the tenancy, and the payment required to avoid termination
- Fill in the full address of the rental premises
- Provide updated/current address and phone number information
- Print name and sign the notice
- Complete the certificate of service by indicating 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 Serve a Missouri Notice To Quit for Unpaid Rent
Missouri law isn’t specific on requirements for landlords validly delivering an initial written Notice To Quit, 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 § 535.010
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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 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
