Missouri Notice Of Eviction

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

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.

Title: Missouri Notice of Eviction: Understanding the Types and Procedure Introduction: Missouri Notice of Eviction is a legal document used by landlords or property owners to officially notify tenants of their impending eviction. It outlines the specific reasons for the eviction, sets a deadline for the tenant to vacate the premises, and highlights the consequences of failing to comply. Let's delve into the different types of Missouri notice of eviction in detail. 1. Missouri Notice to Quit: The Notice to Quit is served when a tenant commits a serious lease violation or fails to pay rent on time. It gives the tenant a specified period, typically 10 days, to either remedy the violation or vacate the property. This notice is commonly used for non-payment of rent, unauthorized pets, illegal activities, property damage, or lease violations. 2. Missouri Unconditional Quit Notice: Typically used for extreme lease violations, such as repeated illegal activities, significant property damage, or putting others in danger, the Unconditional Quit Notice does not grant the tenant a chance to remedy the violation. The tenant is required to vacate the premises immediately, with no opportunity to continue residing on the property. 3. Missouri Notice to Cure or Quit: When a rental agreement violation occurs, but the violation can be remedied, the Notice to Cure or Quit is served. This notice outlines the specific violation and provides the tenant with a prescribed deadline to rectify the issue. Common issues include unauthorized subletting, excessive noise, or minor property damage. If the tenant fails to remedy the violation by the specified date, they may face eviction. 4. Missouri Month-to-Month Termination Notice: For tenants with month-to-month rental agreements, the landlord may choose to terminate the tenancy without giving specific reasons. This termination notice, typically 30 days in advance, allows both parties to end the rental agreement and provides sufficient time for the tenant to find a new home. Process of Serving a Notice of Eviction in Missouri: 1. Draft the notice: Include the tenant's name, address, the reason for eviction, and the deadline to vacate or cure the violation. 2. Serve the notice: The notice can be delivered personally to the tenant, left at their residence, or sent by certified mail with return receipt requested. 3. Allow sufficient time: The tenant should be given a reasonable timeframe to comply, usually between 10 and 30 days. 4. Document the notice: Maintain copies of the notice and any certified mail receipts or delivery confirmations as evidence. 5. Seek legal assistance if required: Is a tenant does not respond or fails to vacate, landlords can initiate legal proceedings to regain possession of the property through an eviction lawsuit. Conclusion: Missouri Notice of Eviction is a crucial legal document that landlords utilize to enforce their rights and protect their property. By understanding the different types of eviction notices available in Missouri and following the correct procedures, landlords can effectively handle tenant violations and ensure a smooth resolution within the boundaries of the law.

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FAQ

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.

Steps to File an Eviction in Missouri. 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. After filing an unlawful detainer, the court's clerk will provide the landlord with two copies of the summons and complaint.

A Missouri eviction notice is a legal document used to inform a tenant of their breach of a lease contract. The notice includes a full description of the lease infraction and the time to correct the issue. If the tenant does not adhere to the landlord's claims then they can be subject to an eviction lawsuit.

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

Filing a Complaint Steps in filing. Proceed to the circuit court the rental property belongs to. Fill out the forms. ... Timeline. It takes about 30-60 days before a landlord can start filing an eviction. If the case is about failure to pay rent, then they have to wait 1 month before they can start filing an eviction lawsuit.

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In a Missouri eviction, this is called an unlawful detainer case. The landlord must provide the tenant with a 10-Day Notice to Quit that informs the tenant of their violation, and that they are about to be evicted.The notice includes a full description of the lease infraction and the time to correct the issue. Download the MO Eviction forms here. Free Missouri Eviction Notice Forms. This eviction notice gives the tenant 10 calendar days to fix the issue or move out. 5-Day Notice to Comply or Vacate. Tell unwanted tenants to vacate the property. Missouri landlords must give tenants at least five days in which to pay the rent or move. If the tenant does neither, the landlord can file for eviction.

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Missouri Notice Of Eviction