What is a Missouri Eviction Notice or Notice to Quit?
When to use a Missouri Eviction Notice:
- Your tenant has failed to pay the rent.
- Your tenant has violated any provision of the lease or rental agreement.
- The lease or rental agreement has expired and the tenant has remained on the property.
- You want to terminate a month-to-month tenancy.
- Your tenant has used the property for illegal activity.Please Note:
- You may never forcibly evict a tenant without going through the formal tenant eviction process.
NOTICE TO PAY RENT OR QUIT
TO TENANT(S) AND ALL OTHERS IN POSSESSION OF THE PREMISES LOCATED AT:
, , Missouri
PLEASE TAKE NOTICE that the tenancy dated
THIS IS INTENDED AS A DAY LEGAL NOTICE FOR THE PURPOSE OF DEMANDING RENT BE PAID IN FULL. THIS NOTICE IS IN ACCORDANCE WITH MISSOURI REVISED STATUTES § 535.020.
LANDLORD RESERVES ALL THE RIGHTS AND REMEDIES PROVIDED UNDER THE RENTAL AGREEMENT AND UNDER APPLICABLE LAWS OF THE STATE OF MISSOURI INCLUDING BUT NOT LIMITED TO DAMAGES FOR UNPAID RENT OR DAMAGES TO THE PROPERTY AND NOTHING IN THIS NOTICE MAY BE CONSTRUED AS A WAIVER OF SUCH RIGHTS AND REMEDIES.
Missouri Eviction Notice FAQs
Can I legally evict my tenant(s) for past-due rent in Missouri?
In general, yes, and you can draft a Missouri Eviction Notice (more specifically called a Notice to Pay Rent or Quit) to start the process. However, due to COVID-19, there are some special protections in place. While the ban on eviction was struck down by the Supreme Court at the federal level, the state of Missouri and individual municipalities can maintain their own regulations for evictions. Keep up with the consult a local lawyer , if you remain uncertain.
When should I make an Eviction Notice in Missouri?
In order to legally remove a tenant from your rental property in Missouri, it may be a good idea to give them a Notice of Eviction as a first step. Even if it isn't always required by law, this document can help you avoid going to court (as long as the tenant will comply.) Here are some common situations in which you might want one:
- The tenant is habitually late to pay rent or payments have fallen behind schedule
- The tenant is using their unit for criminal activity
- The tenant violates the no-pets clause in your lease agreement
- The tenant gets a subletter in violation of the agreement
- The tenant has caused excessive damage to the property
- The tenant creates a nuisance or disturbs the quiet enjoyment of their neighbors
In addition to violations, renters generally may be evicted by a landlord due to reasons that are not related to a fault of their own. For example, if the owner wishes to move back in. Please keep in mind the list shown above is not comprehensive and that the permitted reasons for eviction may change. If you've got any doubts or questions with regard to Missouri eviction laws, you can connect with an attorney.
How is a Missouri Notice to Vacate usually organized?
You can tap or click on the "Make document" button to check out our Missouri Eviction Notice sample. In order to build your MO Notice to Vacate right now, you generally will need to prepare the following information in advance:
- The location and description of the property
- The legal name of each lessee
- For what period(s) of time rent has gone unpaid (if applicable)
- How long the tenant has to address the situation
- What clauses in the lease are not being met
In the event that your tenant is not in the wrong, you may wish to add more context since the news could likely be unexpected. More personalization is permitted, as well. It is very important to verify that the policies and terms that you make note of are spelled out in the fully signed tenancy agreement.
How will Missouri eviction laws impact me as a landlord?
The law can change over time and the actual eviction process and guidelines can be fairly complicated. In certain cases, there may be varying requirements depending on how long the tenant has been in the unit and the reason for eviction. As a result, it is recommended that every property owner talk to an eviction lawyer before delivering a Notice of Eviction.
Where can I write a Missouri Eviction Notice form online for free?
Rocket Lawyer templates are vetted by attorneys and legal staff, which means that regardless of your legal background, you are able to feel confident when using them. To start, simply share more details about the situation through our step-by-step interview, and we'll generate your custom agreement in no time. This method is often much less time-consuming than hiring and working with the average attorney.
What might I typically pay to get an attorney's help with evicting a tenant in Missouri?
If you want to understand what the total cost of an eviction would be, you'll need to take into consideration the fees associated with filing court documents, attorney fees, the value of unrecovered payments, storage and/or cleaning fees, and lastly, the time and money spent looking for new tenants. Luckily, you will not have to pay hundreds of dollars to produce your Notice of Eviction. In reality, Rocket Lawyer can offer much more protection than many other eviction template providers that you might come across. As a Rocket Lawyer member, you can get up to 40% in savings when hiring an attorney from our Rocket Lawyer attorney network.
How much time does the Missouri eviction process normally take end to end?
The duration of the eviction process for Missouri is partially determined by the type of notice, in addition to the overall volume of lawsuits that are being held concurrently. Below, you will find a generalized summary of Missouri notice periods:
- Overdue rent: No notice is required by law
- Violation of rental contract: 10-day notice
- No cause: 60-day notice for a year-to-year lease; 30-day notice for lease terms less than one year
Following when the notice period is over, the eviction itself can take 1 to 3 months. Please note that in certain kinds of housing, including where the rent is subsidized by the government, the notice period may be longer.
Do I need an attorney when evicting someone in Missouri?
While you may opt to draft a Notice to Quit without assistance, many property owners who go to court have legal representation. It will vary depending on whom you ask, but often some attorneys will not even agree to review a document that they did not work on. A better approach might be to request help from Rocket Lawyer On Call® network of attorneys. As a Premium member, you can ask for guidance from an attorney with relevant experience or ask other legal questions about your MO Eviction Notice. As always, Rocket Lawyer is here for you.
Will I need to take additional actions after drafting a Notice of Eviction/Notice to Quit in Missouri?
Once you've completed your Missouri Eviction Notice, you'll have the ability to review it on any device. You also can engage with the document by making edits and saving it in PDF format or as a Word document. You must sign and date it before it is served on the tenant(s). There are different methods available for serving a notice:
- Hire a third-party process server
- Send it through certified mail with a return receipt
- Deliver it personally
Remember, "DIY" evictions are not legal. You cannot shut off utilities, move belongings, replace the locks or harass your tenant in any way in an effort to force them to move. Taking the appropriate lawful actions leading up to and throughout the eviction proceedings will give you the best chance of removing tenants successfully with a judgment from the court.