Missouri Eviction Laws With Lease

State:
Missouri
Control #:
MO-EVIC2-PKG
Format:
Word; 
Rich Text
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Description

This package contains the notices required by state law to be provided to a tenant before an eviction complaint is filed in court. The package contains a variety of notices, so that a landlord may select the one required under the circumstances involved and applicable statutory requirements. The following forms are included:



Notice to Terminate Year to Year Lease - Nonresidential - 60 Days Prior to End of Term - This form is used by the landlord to terminate a non-residential year-to-year lease (one which continues from year to year until terminated by the landlord or tenant). "Non-Residential" includes commercial or industrial property. The landlord does not need a reason to terminate the lease. The termination notice must be served on the tenant at least 60 days prior to the end of the current lease year. The lease then terminates at the end of the lease year.



30 Day Notice to Terminate Month to Month Lease for Nonresidential from Landlord to Tenant - This form is for use by a landlord to terminate a month-to-month non-residential lease. "Non-Residential" includes commercial, industrial, etc. property. Unless a written agreement provides otherwise, the landlord does not have to have a reason for terminating the lease in this manner, other than a desire to end the lease. A month-to-month lease is one which continues from month-to-month unless either party chooses to terminate. Unless a written agreement provides for a longer notice, 30 days notice is required prior to termination in this state. The notice must be given to the tenant within at least 30 days prior to the termination date. The form indicates that the landlord has chosen to terminate the lease, and states the deadline date by which the tenant must vacate the premises.



10 Day Notice Of Termination - Residential - Chance to Cure Not Required
- This form is used by the landlord to terminate a residential lease due to breach of the lease. "Residential" includes a house, apartment or condo. The reason for termination is identified and the tenant is given no chance to cure the breach, unless the landlord desires (a check-box is used to indicate whether or not the tenant is allowed a chance to cure). The tenant is given 10 days to cure or vacate the premises (or to vacate the premises if cure is not allowed).



30 Day Notice to Terminate At-Will, Sufferance or Less Than One Year Tenancy ?ˆ“ Residential - This form is used by the landlord to terminate a residential "at-will," "at-sufferance," or periodic lease of less than one year. "Residential" includes a house, apartment or condo. An "at-will" lease is one that continues from period to period (for example, month-to-month) and is terminable by either party for any reason or no reason. The "at-will" tenancy includes any periodic tenancy with a period (the interval between rent payments) of less than one year. An "at-sufferance" tenancy is one in which the tenant has no right to be there, but is only tolerated by the landlord.



10 day Notice to Pay Rent or Lease Terminated - This 10 day Notice to Pay Rent or Lease Terminated form is used by a landlord to order the tenant to either pay the overdue rent by a stated deadline or move out of the dwelling by the expiration of the time period. (Note: If a written agreement provides for a longer notice, use the notice length stated in the agreement). "Residential" includes a house, apartment or condo. If the tenant fails to pay or move out by the deadline, the landlord may begin eviction proceedings in court. If the landlord does not elect to proceed with termination or eviction but instead agrees to accept rent after the termination date stated in the notice, the lease is generally reinstated.

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FAQ

Missouri only allows the sheriff or a process server appointed by the court to serve these documents. They must be delivered at least 4 days before the date of the court hearing.

No, an eviction notice does not have to be notarized to be legally binding.

In order for a landlord to lawfully evict a tenant, the landlord must file an eviction lawsuit with the court and then receive a court order allowing the eviction to occur. Before filing an eviction lawsuit, the landlord must give the tenant a notice. The type of notice required depends on the reason for the eviction.

In Missouri, the average cost for a landlord to file for eviction is $56, and is as low as $33 in some counties. The fees vary widely across the country, and are set in often ?arbitrary? ways, the researchers found, but with significant effects. Nationally, fees range from $15 to $350, and the average is $132.

Service by Posting and Mailing If personal service cannot be made, the process server can post the papers on the main door of the property and mail a copy of the petition and summons to the tenant(s). Posting and mailing service must be made at least ten (10) days before the court date listed on the summons.

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The landlord can evict the tenant for violating any of the terms stipulated in the lease. In a Missouri eviction, this is called an unlawful detainer case.An overview of Missouri eviction rules, forms, and procedures. Learn everything a landlord or property manager would need to know to legally evict a tenant. Evicting a tenant in Missouri can take around one to three months, depending on the reason for the eviction. Once the landlords serves their tenant in Missouri with a notice, next the landlord must file an unlawful detainer lawsuit in the appropriate court of law. Under Missouri law, a landlord must sue the tenant and win the lawsuit before they can evict. What notice is required to terminate a month-to-month tenancy? For tenancies that are less than one year per the lease, landlords must serve the tenant with a 30 Day Quit Notice. No landlord may evict a tenant without a court order.

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Missouri Eviction Laws With Lease