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.
Missouri Unlawful Detained Withdrawal: A Detailed Description of the Process Keywords: Missouri, unlawful detained, withdrawal, types Introduction: Unlawful detained is a legal term used to describe a situation where a tenant is unlawfully occupying a property, refusing to vacate despite the expiration of their lease or rental agreement. In Missouri, the process of withdrawing an unlawful detained involves specific steps that both landlords and tenants need to understand. This detailed description aims to provide insights into the Missouri unlawful detained withdrawal process, highlighting its different types if applicable. 1. Definition: Missouri unlawful detained withdrawal refers to the legal process used by a landlord to terminate the tenancy of a tenant in possession of a property unlawfully. It enables the landlord to regain possession of the property and may involve eviction proceedings in court. 2. Grounds for Unlawful Detained Withdrawal: The grounds for Missouri unlawful detained withdrawal typically include: a. Rent Non-Payment: When a tenant fails to pay rent as per the lease agreement, the landlord has the right to initiate the withdrawal process. b. Lease Violations: If the tenant violates terms and conditions stated in the lease agreement, such as causing damage to the property or engaging in illegal activities, the landlord can proceed with the withdrawal process. c. Lease Expiration: After the expiration of a lease term or rental agreement, the tenant is obligated to vacate the premises. Failure to do so may result in an unlawful detained. 3. Missouri Unlawful Detained Withdrawal Process: The Missouri unlawful detained withdrawal process involves the following steps: a. Notice to Quit: The landlord must provide the tenant with a written notice to quit, giving them a specific period (generally 10 days) to vacate the property. The notice should outline the reasons for withdrawal and be issued pursuant to Missouri state laws. b. Filing the Petition: If the tenant fails to comply within the given notice period, the landlord can file an unlawful detained petition with the local court. The petition must contain relevant details like the tenant's name, property address, and reasons for withdrawal. c. Serving the Summons: After filing the petition, the landlord must ensure that the tenant receives a copy of the summons, notifying them of the pending legal action and the date of the hearing. d. Court Hearing: Both parties must attend the court hearing where the judge will review the case and issue a ruling based on the evidence and arguments presented. e. Execution of the Judgment: If the landlord prevails in the hearing, the court will issue a judgment in their favor, granting possession of the property. The tenant will be given a certain period to vacate voluntarily. If they fail to do so, the landlord can request a writ of execution to have law enforcement remove the tenant by force if necessary. 4. Different Types of Missouri Unlawful Detained Withdrawals: While Missouri unlawful detained withdrawal generally follows a standard process, there can be variations based on the specific circumstances. However, the types of unlawful detained withdrawal in Missouri are not explicitly categorized by different legal mechanisms. Conclusion: Missouri unlawful detained withdrawal involves a legal procedure aimed at resolving conflicts between landlords and tenants due to non-payment of rent, lease violations, or lease expiration. This process ensures a fair and lawful resolution to regain possession of the property. It is essential for both parties to understand their rights and obligations as per Missouri state laws to navigate this process successfully.
