[LANDLORD LETTERHEAD]
NOTICE TO VACATE, DEMAND FOR POSSESSION, AND (IF APPLICABLE) DEMAND FOR RENT
(Missouri – Complies with Mo. Rev. Stat. §§ 441.030, 441.060, 535.010–.060)
Effective Date: [EFFECTIVE DATE]
To:
[TENANT LEGAL NAME]
Premises: [STREET ADDRESS, CITY, MO ZIP]
Lease Dated: [LEASE DATE]
TABLE OF CONTENTS
- Definitions
- Operative Notice and Demand
- Statutory Notice Periods & Cure Rights
- Delivery of Possession
- Reservation of Rights & Remedies
- Governing Law, Venue & Jury Rights
- Certificate of Service
- Execution Block
1. DEFINITIONS
For purposes of this Notice, the following capitalized terms have the meanings set forth below. Any term not defined herein, but defined in the Lease, shall have the meaning ascribed in the Lease.
“Landlord” – [LANDLORD LEGAL NAME], its successors and assigns.
“Tenant” – [TENANT LEGAL NAME], and all occupants holding under Tenant.
“Lease” – That certain [TYPE OF AGREEMENT] dated [LEASE DATE] between Landlord and Tenant covering the Premises.
“Premises” – The real property commonly known as [PREMISES ADDRESS], together with all appurtenances.
“Rent” – All sums defined as “rent” or “additional rent” under the Lease, including past-due amounts, late fees, and any other monetary obligations.
“Default” – The specific lease violation(s) identified in Section 2.
“Notice Period” – The minimum period prescribed by Missouri statute for the Default stated (see Section 3).
2. OPERATIVE NOTICE AND DEMAND
A. Nature of Default
1. ☐ Non-Payment of Rent: Tenant is in arrears in the amount of $[ARREARAGE AMOUNT] for the period [DATES].
2. ☐ Breach of Lease Covenant: [DESCRIPTION OF BREACH].
3. ☐ Holdover / Termination of Periodic Tenancy: The tenancy is [month-to-month/year-to-year] and will terminate as of the date stated in Section 3.
B. Formal Demand
1. Tenant is hereby (i) notified of the Default, (ii) required to cure (if cure is permitted) within the Notice Period, and (iii) required to vacate and surrender exclusive possession of the Premises to Landlord on or before [DATE – END OF NOTICE PERIOD].
2. For Non-Payment of Rent, Landlord further demands immediate payment of all Rent then due, plus any additional Rent accruing prior to the surrender of the Premises.
[// GUIDANCE: Check the appropriate box(es) in 2.A, insert factual details, and ensure amounts correspond to your rent ledger.]
3. STATUTORY NOTICE PERIODS & CURE RIGHTS
A. Applicable Statute
• Non-Payment of Rent: Minimum 5-day written demand (Mo. Rev. Stat. § 535.060).
• Breach of Lease Covenant: Minimum 10-day written notice to quit (Mo. Rev. Stat. § 441.030).
• Month-to-Month Tenancy: Minimum 1-month written notice, expiring at the next rent-payable date (Mo. Rev. Stat. § 441.060).
• Year-to-Year Tenancy (non-agricultural): 60-day written notice (Mo. Rev. Stat. § 441.060).
[// GUIDANCE: Insert the precise expiration date consistent with the statutory period and the lease’s rent-due cycle.]
B. Cure Provisions (if applicable)
1. Non-Payment of Rent: Tenant may avoid eviction by remitting all outstanding Rent, plus late charges, in cleared funds to Landlord on or before the fifth (5th) calendar day after service of this Notice (the “Rent Cure Deadline”).
2. Other Breach: At Landlord’s sole discretion, Landlord may accept cure if Tenant remedies the Breach in full on or before the tenth (10th) day after service. Acceptance of any partial cure shall not waive future enforcement.
3. Holdover: No cure is available; Tenant must vacate as stated.
4. DELIVERY OF POSSESSION
Tenant shall:
a. Vacate the Premises (including removal of all persons and property of Tenant) on or before the date set forth in Section 3;
b. Deliver all keys, access cards, and garage openers to Landlord at [RETURN LOCATION]; and
c. Leave the Premises in broom-clean condition, ordinary wear and tear excepted.
Failure to comply will result in Landlord commencing an action for unlawful detainer and/or rent and possession, seeking possession, past-due Rent, holdover damages, court costs, and reasonable attorney’s fees.
5. RESERVATION OF RIGHTS & REMEDIES
Nothing herein shall be construed as an election of remedies or a waiver of any rights and remedies available to Landlord at law or in equity, all of which are expressly reserved. Acceptance of partial Rent, if any, shall not constitute waiver of the Default or of this Notice.
6. GOVERNING LAW, VENUE & JURY RIGHTS
A. Governing Law – This Notice shall be construed in accordance with the Missouri Uniform Landlord-Tenant Law and related statutes.
B. Venue – Any action arising from this Notice shall be filed exclusively in the [NAME OF COUNTY] Circuit Court, Housing Division (or other Missouri court of competent jurisdiction).
C. Jury Right – Nothing herein constitutes a waiver of either party’s constitutional right to jury trial.
D. Injunctive Relief – Landlord reserves the right to seek immediate injunctive and equitable relief, including judgment for possession.
7. CERTIFICATE OF SERVICE
I, [SERVER NAME], certify that on [SERVICE DATE] I served this Notice upon Tenant by:
☐ Personal delivery to Tenant.
☐ Personal delivery to a person of suitable age residing at the Premises.
☐ Posting the Notice in a conspicuous place on the Premises AND depositing a true copy in the U.S. Mail, first-class, postage prepaid, addressed to Tenant at the Premises.
Signature: ____
Printed Name: _______
[// GUIDANCE: Strictly follow one of the statutory service methods described in Mo. Rev. Stat. § 535.060. Improper service can void the eviction case.]
8. EXECUTION BLOCK
LANDLORD:
[LANDLORD LEGAL NAME]
By: ______
Name: ______
Title: _____
Date: _________
(If Landlord is an entity, add signature attestations or corporate seals as required by internal governance documents.)
IMPORTANT LEGAL NOTICE
- This document is a statutorily-required prerequisite to filing an eviction action in Missouri.
- If you, the Tenant, believe you have received this Notice in error or have legal defenses, you must seek legal counsel immediately.
- Nothing in this Notice alters or waives Landlord’s or Tenant’s rights or obligations under the Lease except as expressly stated.
Prepared by: [LAW FIRM / LAWYER NAME, BAR NO.] – For professional use only. This template requires factual customization and attorney review prior to service.