Create a comprehensive and printable Missouri eviction notice that conforms to state and federal law and provides the correct amount of notice for a tenant. Start now with our legal document maker.
Last Update June 20th, 2022
- Missouri Eviction Notice Types
- Missouri Eviction Laws
- Missouri Eviction Process
- Eviction Notice Sample
- FAQs About Missouri Eviction Notices
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Missouri Eviction Notice Types
A legal eviction in Missouri can only be made for a number of legally acceptable reasons. This means that landlords must provide a valid basis along with the correct amount of days’ notice in order to comply with the legal eviction process within the state.
Not using the correct MO legal document, in this case, can lead to delays or even legal dismissal of the eviction, so it is important to choose the right type.
Notice to Quit (Non-Payment)
If a tenant doesn’t comply with the rental payment schedule, the landlord may present them with a Notice to Quit. This obliges them to pay rent or quit.
If the tenant complies and pays the rent then the notice will be nullified. If they refuse to pay or vacate the property, the landlord will be able to pursue the matter further through the courts.
In the MO eviction process, there is no specific notice requirement in the case of overdue rent. However, since most states require 3-7 day notices, Missouri landlords are recommended to give the tenant a reasonable amount of days before filing for eviction.
10-Day Notice to Quit (Non-Compliance)
If a tenant fails to comply with the terms of the lease, aside from not paying rent, landlords may issue them with a 10-Day Notice to Quit. This gives them 240 hours to correct the issue or leave the property.
Assuming the tenant corrects the violation, the notice will be rendered invalid. A new eviction warning will need to be issued if other breaches of the contract occur.
30-Day Notice to Quit (Month-to-Month)
Landlords with tenants on flexible monthly rental agreements may end the tenancy without cause, as long as they provide a 30-Day Eviction letter.
If this is used, the tenant must leave the property within 30 days of this notice being delivered.
Be aware, however, if you continue to accept rental payments during this period, the notice will be considered null and void. This also does not include any payments of owed back rent.
Missouri Eviction Laws
Your Missouri eviction notice must follow the state’s rental property laws, in order to be valid. There are a number of important requirements that are obligatory when proceeding with the eviction of a rental tenant.
An eviction in Missouri may only happen in the case of:
Nonpayment of rent: reasonable amount of notice
Lease violations: 10 days’ notice
Termination of a month-to-month lease: 30 days’ notice
The MO eviction notice itself must be delivered to the tenant as an official letter or form detailing the key information about the property and tenant. It must also clearly explain the reason the landlord wishes to terminate the lease and how long the resident has to comply with the notice.
Missouri Eviction Process
Evicting a tenant in Missouri follows a strict legal process. When issuing an eviction notice, you must make sure that you correctly:
Detail the reason the lease is being terminated.
Provide sufficient time for the tenant to respond.
Serve the notice in a legally appropriate manner.
In most cases, that is enough to make a tenant vacate on their own. However, as an eviction is a lawsuit procedure, it may be necessary to take additional steps if the resident refuses to leave.
To complete an eviction process in Missouri, you will need to:
Serve an eviction notice with the correct notice period and a legal reason to evict.
File for an eviction in a local court if the tenant doesn’t obey the notice.
Attend the court hearing in person to make your case to the judge.
Request a Writ of Possession from the clerk of the court if the judge rules in your favor.
Deliver the Writ to local law enforcement, so they may carry out a forced eviction.
Eviction Notice Sample
When you prepare your own Missouri eviction notice, it can be hard to have a clear idea of what the final document will look like. If you need a little extra guidance on how your legal document will appear, simply review our eviction notice sample below.
FAQs About Missouri Eviction Notices
Before starting your eviction notice for real, it is sensible to understand the ins and outs of these important legal documents. Read more about Missouri’s eviction notices in our FAQs below and learn how to use these forms effectively.
How to Evict Someone in Missouri?
To successfully evict a tenant in Missouri state, the landlord or property manager must serve a legally valid eviction notice. This must provide the correct number of days’ notice and a legitimate reason to evict. It can be served in person, to a family member, someone else living on the premises, or left in a conspicuous location.
If the tenant doesn’t comply and vacate the property as instructed, the landlord will then have to petition a court. If the judge rules in their favor they will then be able to use a local marshal or sheriff to forcibly evict the tenant.
How to File an Eviction in Missouri
If a tenant doesn’t comply after being served with a legally valid MO eviction notice it will be necessary to file a Forcible Entry and Unlawful Detainer case against them. To do this the landlord will need to visit their local courthouse and file the case with the clerk of the court and provide the following evidence:
A copy of the lease agreement
The eviction notice that has been served (including proof of service)
Proof of the violation such as photographs, police reports, or receipts
Any witnessing parties to the violations
How Much Does It Cost to Evict Someone?
How much evicting a tenant costs will often depend on how long the removal process lasts. If you serve the Missouri eviction notice and that leads to a resolution of the dispute, or the tenant simply leaves as instructed, then the costs are very low (below $300 not including potentially lost rent).
However, if the tenant refuses to leave the property this could lead to a more protracted and expensive legal case. If you need to seek legal advice or representation at any step of the process, this will of course carry much higher costs.