Missouri Eviction Notice

Missouri Eviction Notice Requirements

In Missouri, a landlord must serve a written notice before filing for eviction under RSMo Chapter 535 (Landlord-Tenant Actions / Rent and Possession), RSMo Chapter 534 (Forcible Entry and Unlawful Detainer), and RSMo Chapter 441 (Landlord and Tenant) — key sections: 535.020, 535.040, 534.030, 441.020, 441.030, 441.040, 441.060.. The required notice period depends on the reason:

• Nonpayment of rent: 0-day notice to pay or quit. Missouri has NO fixed statutory pay-or-quit DAY count for nonpayment. Under the Rent and Possession statute (RSMo 535.020), the landlord need only DEMAND the rent (orally or in writing) and show in a verified statement that it was demanded and not paid; the statute expressly says giving the 441.060 one-month notice 'is not required prior to filing.' A document generator should produce a 'Demand for Rent / Pay or Quit' demand rather than asserting a 3/5/7-day deadline, because none exists by statute. The tenant may pay all rent plus court costs tendered before the judge at the hearing to avoid a possession judgment (RSMo 535.040). Many landlords voluntarily give a short written demand (often labeled '3-day') but no specific day count is statutorily mandated.
• Curable lease violation: 10-day notice to cure or quit. Missouri does not provide a general statutory right to CURE a lease violation. For violations of the written lease, unauthorized assignment, or waste (RSMo 441.030), RSMo 441.040 gives the landlord the right to reenter after giving the tenant TEN DAYS' notice to vacate (calendar days). This is the controlling statutory notice period for lease-violation evictions and is a notice to VACATE, not a true cure-and-stay opportunity. CAUTION: Do NOT confuse this with RSMo 534.030's 'at least ten business days' provision — that ten-business-day requirement is FORECLOSURE-SPECIFIC (notice from a new owner after foreclosure to a holdover occupant) and does NOT govern ordinary lease-violation unlawful detainers. For an ordinary holdover, 534.030 requires a written demand for possession but prescribes no statutory waiting period; the operative day count comes from 441.040.
• No-cause termination (month-to-month): 30-day notice. RSMo 441.060: a tenancy at will, by sufferance, for less than one year, or month-to-month (including oral tenancies, which are deemed month-to-month) may be terminated by either party with one month's written notice. For month-to-month, the notice must set termination on a periodic rent-paying date not less than one month after receipt of the notice. Treated as 30 days for generator purposes. NOTE: mobile-home lot tenancies require not less than 60 days' notice (RSMo 441.060). No statewide just-cause limit applies.

Service: Statutes require notices to be IN WRITING. RSMo 441.060 requires written notice 'to the person in possession' / 'to the other party' but does not prescribe a delivery method. RSMo 441.040 requires 'ten days' notice to vacate' (written) for illegal use / lease-condition violations. RSMo 534.030 requires a written demand for possession before an unlawful detainer (and, in the foreclosure/new-owner context only, certified-mail service plus a ten-business-day vacate window). General practice for eviction notices is personal delivery, leaving with a person of suitable age at the residence, or posting plus mailing. Best practice is written notice with proof of delivery (personal service or certified mail).

• Missouri has two distinct eviction tracks: 'Rent and Possession' (RSMo Ch. 535) for nonpayment, and 'Unlawful Detainer' (RSMo Ch. 534) for lease violations, illegal use, and holdovers.
• Nonpayment has NO fixed statutory notice-day count — RSMo 535.020 requires only a demand for rent, and explicitly states the 441.060 one-month notice is NOT required before filing.
• A tenant in a rent-and-possession case can avoid eviction by paying all rent owed plus court costs tendered before the judge at the hearing (RSMo 535.040).
• Lease-violation AND illegal-use evictions use a 10-day (calendar) notice under RSMo 441.040, which covers violations of both 441.020 (illegal use) and 441.030 (lease conditions/waste). Missouri does not grant a general right to cure. Do NOT use 534.030's 'ten business days' for this — that is foreclosure/new-owner specific.
• No-cause termination of a month-to-month or at-will tenancy requires one month's written notice under RSMo 441.060; mobile-home lot tenancies require 60 days. Missouri has no statewide just-cause eviction law.

Missouri Eviction Notices by Type

Disclaimer

This Missouri eviction notice generator is a self-help tool for general informational purposes only and is not legal advice. Confirm Missouri and local requirements before serving, and consult a landlord-tenant attorney for contested cases.