How much notice is required before filing an eviction?

Eviction Notice Requirements for Landlords in Missouri

As a landlord in Missouri, understanding the proper procedures and notice requirements before filing an eviction is crucial for complying with state laws and ensuring a smooth tenant removal process. Missouri law provides specific guidelines regarding the types of notices landlords must give tenants before initiating formal eviction proceedings. This article outlines the key notice requirements that Missouri landlords must follow prior to filing an eviction case.

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Types of Notices Required Before Filing Eviction in Missouri

Missouri distinguishes eviction notices primarily by the reason for eviction. The notice period and the type of notice depend on whether the tenant has failed to pay rent, violated lease terms, or the landlord wishes to terminate a month-to-month tenancy without cause.

1. Notice for Nonpayment of Rent

• Notice Required: At least 10 days’ written notice to the tenant demanding payment of rent.
• Legal Basis: Missouri Revised Statutes (RSMo) Section 535.070.

Before filing an eviction lawsuit for nonpayment of rent, landlords must provide the tenant with a written notice demanding payment. The notice informs the tenant that the rent is overdue and must be paid within 10 days or face eviction proceedings.Key Points:

• The notice must specify the amount due.
• If the tenant pays the rent within the 10-day notice period, the landlord generally cannot proceed with eviction based on nonpayment.
• The notice should be delivered in a manner ensuring the tenant receives it—either by hand delivery, certified mail, or posting on the property.

2. Notice for Lease Violations Other Than Nonpayment

• Notice Required: No specific statutory notice period defined, but landlords typically provide a written notice specifying the violation and giving the tenant a reasonable time to cure the breach.
• Legal Basis: Commonly based on lease terms and general landlord-tenant law.

For lease breaches such as unauthorized pets, noise violations, or damaging property, Missouri law does not mandate a fixed notice period before filing eviction. However, providing a cure-or-quit notice is standard practice. This means the landlord sends a written notice that identifies the violation and demands correction within a reasonable time frame (often 10 days).

If the tenant fails to cure the violation, the landlord may file for eviction citing the breach of lease terms.

3. Notice for Terminating Month-to-Month Tenancies

• Notice Required: At least 30 days’ written notice prior to the end of the rental period.
• Legal Basis: RSMo Section 441.060.

If the tenancy is month-to-month or at-will and the landlord wishes to terminate the rental agreement without cause, Missouri law requires landlords to provide proper advance notice.Key Points:

• The 30-day notice must be given before the end of the rental period.
• Termination can be without stating any reason.
• The notice must be in writing and delivered properly to the tenant.
• After 30 days, if the tenant does not vacate, the landlord can file for eviction.

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Summary of Missouri Eviction Notices

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Additional Considerations for Missouri Landlords

Proper Delivery of Notices

Missouri courts expect landlords to make reasonable efforts to ensure notices are received by tenants. Common methods include:

• Personal delivery to the tenant or an adult at the rental unit
• Certified or registered mail with return receipt requested
• Posting the notice on the tenant’s door if other methods fail

Documentation

Keep copies of all eviction notices and proof of delivery. This documentation will be critical if the eviction case is contested in court.

Avoid “Self-Help” Evictions

Missouri law prohibits landlords from evicting tenants by changing locks, shutting off utilities, or removing tenant belongings without a court order. The eviction process must be carried out through proper legal channels after notice periods have been observed.

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Conclusion

In Missouri, landlords must provide the appropriate written notice before filing an eviction lawsuit:

• A 10-day written demand for unpaid rent,
• A reasonable cure-or-quit notice for lease violations,
• A 30-day written termination notice for month-to-month leases.

Adhering carefully to these notice requirements helps ensure that the eviction process complies with state law, protects landlord rights, and minimizes legal complications. For more complex situations or disputes, consulting an attorney familiar with Missouri landlord-tenant law is advisable.