What eviction notices are legally required by state law?

Eviction Notices Required by Missouri State Law for Landlords

In Missouri, landlords must follow specific legal requirements when initiating an eviction. Proper notice is critical to ensure the eviction process complies with state law and to avoid delays or legal challenges. This guide outlines the eviction notices that Missouri landlords are required to provide to tenants under various circumstances.

Overview of Eviction Notices in Missouri

Before a landlord can file an eviction lawsuit (also known as an unlawful detainer action) in Missouri, the landlord must provide the tenant with a written notice outlining the reason for eviction and giving the tenant an opportunity to correct the issue or vacate the property. Different types of notices are required depending on the grounds for eviction, such as nonpayment of rent, lease violations, or termination of tenancy without cause.

Types of Eviction Notices Required in Missouri

1. 5-Day Notice to Pay Rent or Quit

• When it is used: This notice applies when the tenant has failed to pay rent by the due date.
• Legal requirement: Missouri law requires landlords to give tenants a minimum of 5 days to pay unpaid rent or move out before filing an eviction lawsuit for nonpayment of rent.
• Content: The notice must clearly state the rent amount due, the due date, and inform the tenant that failure to pay within 5 days will result in termination of the tenancy and possible eviction.
• Delivery: It can be delivered in person, sent by certified mail, or posted on the property in a conspicuous place.

2. 10-Day Notice for Lease Violations (Other Than Nonpayment)

• When it is used: This notice is provided when the tenant breaches a provision of the lease other than nonpayment of rent (e.g., unauthorized pets, noise disturbances, property damage).
• Legal requirement: Missouri landlords must give tenants at least 10 days to remedy the violation or quit the premises before proceeding with eviction.
• Content: The notice should specify the nature of the lease violation, request that the tenant cures the breach within 10 days, and warn that failure to do so will lead to eviction action.
• Delivery: Similar to the 5-day notice, delivery methods include in person, certified mail, or posting on the property.

3. No-Cause Termination Notices for Tenancies at Will or Month-to-Month Leases

• When it is used: If a tenancy is not governed by a written lease (a tenancy at will or month-to-month), Missouri law allows termination without cause provided proper notice is given.
• Legal requirement: The landlord must give a minimum of 30 days’ written notice before requiring the tenant to vacate.
• Content: The notice should state that the tenancy is terminated, specify the date by which the tenant must vacate (at least 30 days away), and be clear that no further tenancy period will be granted.
• Delivery: Delivery methods remain consistent — personal delivery, certified mail, or posting on premises.

Important Considerations Regarding Missouri Eviction Notices

• Written notice is required: Oral notices do not satisfy Missouri’s legal requirements for eviction notices.
• Notice periods are minimums: Landlords may provide longer notice periods but cannot shorten those mandated by law.
• Notice must be clear: The language in the notice should be unambiguous, specifying the reason for eviction, the timeframe for remedy or move-out, and consequences of noncompliance.
• Posting on property: If the notice cannot be delivered directly or by mail, posting the notice on the tenant’s door or another conspicuous location is permitted. However, certified mail or personal service helps ensure proof of notice.
• No “cure” for certain violations: Some breaches, particularly serious offenses or repeated violations, may warrant eviction without an opportunity to cure. In such cases, landlords should consult specific lease terms or legal guidance.

Steps to Take After Serving the Required Notice

If the tenant fails to pay rent, remedy lease violations, or vacate the property within the applicable notice period:

1. File the eviction lawsuit (unlawful detainer) in the county court where the property is located.
2. Serve the tenant with a summons and complaint to appear in court.
3. Attend the court hearing. Both parties may present evidence.
4. Obtain a judgment for possession if the landlord prevails.
5. Request the sheriff to execute the eviction if the tenant does not leave voluntarily after judgment.

Strict adherence to these notice guidelines helps Missouri landlords carry out evictions lawfully and reduces the risk of delays or dismissal of eviction proceedings.

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By understanding and properly issuing the required eviction notices, landlords in Missouri can protect their rights, maintain lawful procedures, and ensure clear communication with tenants throughout the eviction process.