Missouri Landlord Eviction Without 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.

When discussing the topic of Missouri landlord eviction without a lease, it is crucial to understand the various aspects involved in such situations. Eviction without a lease may occur when a tenant occupies a property without a written contract outlining the terms of tenancy. In Missouri, the laws surrounding landlord-tenant relationships are primarily governed by the Missouri Residential Landlord and Tenant Act (MALTA). Below, we will explore the process and important information related to Missouri landlord eviction without a lease. 1. Understanding Eviction Without a Lease in Missouri: Eviction without a lease refers to a situation where a tenant occupies a property without a written lease agreement. This can occur if the tenant's lease has expired, and they continue to occupy the property without extending or renewing the lease. In this scenario, the landlord may seek to evict the tenant if they wish to regain possession of the property. 2. Missouri Landlord-Tenant Laws: The MALTA provides guidelines and regulations to protect the rights of both landlords and tenants. However, it is important to note that the MALTA applies to both tenants with written leases and those without written agreements. Thus, even if there is no lease in place, landlords must still follow the provisions outlined in the MALTA when initiating an eviction. 3. Grounds for Eviction: In Missouri, a landlord can initiate the eviction process without a lease based on several grounds. These grounds include nonpayment of rent, violation of lease terms (if any), property damage, illegal activities, or remaining on the premises after the lease term has ended. The landlord must have valid reasons for eviction, even if there is no written lease. 4. The Eviction Process: Regardless of the absence of a lease, the eviction process in Missouri generally involves the following steps: a. Notice to Quit: The landlord must serve the tenant with a written notice to quit, informing them of their violations or the end of the lease term. The notice provides a specific period for the tenant to either remedy the violation or vacate the property. b. Filing an Eviction Lawsuit: If the tenant fails to comply with the notice, the landlord can initiate an eviction lawsuit by filing a petition with the local district court. The court will issue a summons, and a copy of the petition must be served to the tenant. c. Court Hearing: A court hearing will be scheduled where both parties can present their case, and the judge will make a decision based on the evidence provided. d. Writ of Possession: If the court rules in favor of the landlord, they will issue a writ of possession, granting legal possession of the property back to the landlord. e. Enforcement: The landlord may need to involve the local sheriff's department to enforce the eviction and ensure the tenant's removal from the property. Different types of eviction without a lease in Missouri may depend on the violations committed by the tenant. Examples include "Missouri nonpayment rent eviction without lease," "Missouri eviction for illegal activities without lease," or "Missouri eviction for violating lease terms without lease." In conclusion, Missouri landlord eviction without a lease encompasses situations where tenants continue occupying a property without a written lease agreement. Understanding the grounds for eviction, following the proper legal process, and adhering to Missouri landlord-tenant laws are essential for landlords seeking to regain possession of their property.

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  • Preview Missouri Landlord Notices for Eviction / Unlawful Detainer Forms Package
  • Preview Missouri Landlord Notices for Eviction / Unlawful Detainer Forms Package
  • Preview Missouri Landlord Notices for Eviction / Unlawful Detainer Forms Package
  • Preview Missouri Landlord Notices for Eviction / Unlawful Detainer Forms Package

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Evicting a tenant in Missouri can take around one to three months, depending on the reason for the eviction. If the landlord wants to end a fixed-term tenancy, such as, a lease for one year, but does not have cause, the landlord must wait until the tenancy has expired.If a tenant has engaged in illegal activity in the state of Missouri, the landlord is required to give them a written 10 Days' Notice to Quit. Please complete the Landlord Information Form attached. Absent an immediate health safety issue, a landlord cannot unilaterally terminate a month to month oral lease without 30 days advance notice. No landlord may evict a tenant without a court order. Eviction is the legal process landlords use to remove tenants from a rental property. The lack of rent control laws make it easier to charge the rent you prefer, with no ceilings beyond local rental comps. If the tenant does not pay rent within the notice time period, then the landlord can file for their removal in court. Eviction missouri without a lease.

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Missouri Landlord Eviction Without Lease