Missouri Demand for Rent / Notice to Pay or Quit (Residential)

MISSOURI DEMAND FOR RENT — NOTICE TO PAY OR QUIT

TABLE OF CONTENTS

1. Caption and Identification of Premises
2. Notice to Tenant(s)
3. Statement of Rent and Charges Due
4. Demand for Payment or Possession
5. Method and Place of Payment
6. Consequences of Non-Compliance
7. Tenant Rights Disclosure
8. Reservation of Rights and Non-Waiver
9. Service / Proof of Delivery
10. Signature Block
11. Missouri Practice Notes
12. Sources and References

1. CAPTION AND IDENTIFICATION OF PREMISES

2. NOTICE TO TENANT(S)

YOU ARE HEREBY NOTIFIED that you are in default of your obligation to pay rent under the lease agreement governing your occupancy of the Premises identified above. This Notice is given pursuant to Mo. Rev. Stat. §§ 535.020 and 535.060, and any applicable provisions of your lease.

3. STATEMENT OF RENT AND CHARGES DUE

The total amount stated above does not include any rent or charges accruing after the date of this Notice. Any such additional amounts must also be paid to bring the account fully current.

4. DEMAND FOR PAYMENT OR POSSESSION

YOU ARE REQUIRED, within [NUMBER] days after service of this Notice (the "Cure Period"), to either:

1. PAY IN FULL the total amount of $[__________] (plus any rent or lawful charges that accrue during the Cure Period); OR

2. VACATE AND DELIVER POSSESSION of the Premises to the Landlord, removing all persons and personal property and returning all keys.

If you fail to comply with one of the two options above, the Landlord intends to file a Verified Statement for Rent and Possession under Mo. Rev. Stat. § 535.020 (or, if applicable, an Action for Unlawful Detainer under Mo. Rev. Stat. § 534.030) in the Associate Circuit Court of [COUNTY] County, Missouri, seeking a judgment for possession, all rent and charges due, court costs, and (where authorized by the lease) reasonable attorneys' fees.

5. METHOD AND PLACE OF PAYMENT

Payment must be tendered as follows:

6. CONSEQUENCES OF NON-COMPLIANCE

If you do not pay or vacate within the Cure Period, the Landlord may:

1. File a Rent and Possession action under Mo. Rev. Stat. § 535.020 in the Associate Circuit Court of [COUNTY] County, with a return date no more than twenty-one (21) days after issuance of summons;

2. File an Unlawful Detainer action under Mo. Rev. Stat. § 534.030 in the Associate Circuit Court for holdover or breach (an alternative track);

3. Seek a money judgment for all unpaid rent, late fees, court costs, sheriff's fees, and (if the lease provides) reasonable attorneys' fees;

4. Obtain an Execution for Possession, after which the sheriff will deliver possession to the Landlord within five (5) days and the Landlord may, upon written acknowledgment of an officer, change locks per Mo. Rev. Stat. § 441.060.5;

5. Report the eviction to consumer-reporting tenant-screening databases, which may impair your ability to rent housing in the future.

SELF-HELP IS PROHIBITED. The Landlord may not change locks, remove doors, shut off utilities, or remove personal property except by court order. RSMo § 441.233 makes self-help eviction a Class C misdemeanor and creates civil liability.

7. TENANT RIGHTS DISCLOSURE

The Landlord acknowledges that the Tenant has the following rights and may raise the following defenses, including but not limited to:

• Implied Warranty of Habitability. King v. Moorehead, 495 S.W.2d 65 (Mo. App. 1973), and Kohner Properties, Inc. v. Johnson, 553 S.W.3d 280 (Mo. banc 2018), recognize the tenant's right to safe, sanitary, and habitable conditions and may permit rent abatement or escrow when conditions materially breach the warranty.
• Repair and Deduct. Mo. Rev. Stat. § 441.234 permits a qualifying tenant to repair certain code violations and deduct documented costs from rent (capped at one month's rent per twelve-month period).
• Security Deposit Setoff / Counterclaim. Mo. Rev. Stat. § 535.300 caps deposits at two months' rent, requires return or itemization within thirty (30) days of termination, and entitles a tenant to double damages for wrongful withholding.
• Anti-Discrimination. Mo. Rev. Stat. § 213.040 and the federal Fair Housing Act, 42 U.S.C. §§ 3601 et seq., prohibit eviction motivated by race, color, religion, national origin, ancestry, sex, disability, or familial status.
• Anti-Retaliation (Local). If the Premises are in Kansas City, MO, KCMO Code § 27-301 (Tenant Bill of Rights) prohibits retaliation for complaints to housing-code authorities. If in City of St. Louis, similar protections apply.
• Right to Counsel (Local). If the Premises are in Kansas City, MO, the Tenant Right to Counsel Program (effective June 1, 2022) provides full-scope free legal representation to all tenants facing eviction. Contact: (816) 474-5112 or visit https://www.kcmo.gov/city-hall/housing/tenant-resources.
• Rent Tender Defense. Full tender of arrears within the cure period defeats the possession claim under standard contract principles.

8. RESERVATION OF RIGHTS AND NON-WAIVER

Acceptance of any partial payment does not constitute a waiver of this Notice or of the Landlord's right to proceed with eviction unless the full amount stated in Section 3, plus all amounts subsequently accruing, is paid before the expiration of the Cure Period. The Landlord expressly reserves all rights under the lease, Mo. Rev. Stat. Chapters 441, 534, and 535, and applicable common law.

This Notice is given without prejudice to, and is not a substitute for, any other notice required by the lease, federal law (e.g., 24 C.F.R. § 247.4 for HUD-subsidized housing), or local ordinance.

9. SERVICE / PROOF OF DELIVERY

This Notice was served on the Tenant(s) on [__/__/____] by the following method (check all that apply):

☐ Personal hand-delivery to Tenant
☐ Hand-delivery to a person of suitable age and discretion residing at the Premises
☐ Certified U.S. Mail, return receipt requested, tracking no. [____]
☐ First-class U.S. Mail, postage prepaid
☐ Posting on a conspicuous part of the Premises (with photograph attached)
☐ Email to [____] (only if lease authorizes electronic notice)

Server's Name: [________________________________]
Server's Signature: [________________________________]
Date: [__/__/____]

10. SIGNATURE BLOCK

LANDLORD / AUTHORIZED AGENT:

By: [________________________________]
Print Name: [________________________________]
Title / Capacity: ☐ Owner ☐ Property Manager ☐ Attorney ☐ Other: [____]
Address: [________________________________]
Phone: [________________________________]
Email: [________________________________]
Date: [__/__/____]

11. MISSOURI PRACTICE NOTES

11.1 Two Eviction Tracks Under Missouri Law

Missouri provides two independent statutory paths to recover possession:

A landlord may proceed under either chapter for nonpayment, but Chapter 535 is the standard expedited track for residential rent default.

11.2 No Statutory Pay-or-Quit Period

Missouri's Chapter 535 does NOT require a statutory cure period before filing for nonpayment. The "demand and refusal" doctrine codified at § 535.060 means once rent is due and a demand has been made (oral or written) and not satisfied, the landlord may file. The cure period in this Notice is therefore a courtesy or contract-based period, not statutory.

11.3 KCMO and St. Louis Local Protections

• Kansas City, MO Tenant Bill of Rights (KCMO Code §§ 27-301 et seq.) — prohibits retaliation; requires participation in Right to Counsel program; mandates landlord registration.
• St. Louis City — local ordinances impose property-registration and habitability obligations; tenants in subsidized housing have additional protections.
• St. Louis County — separate municipalities (e.g., University City, Maplewood) may have local fair-housing ordinances.

11.4 Federal Overlay

For federally subsidized properties (HUD Section 8 PBV, Section 9 public housing, USDA RD, LIHTC, VAWA-protected tenancies), 24 C.F.R. § 247 and § 982 require longer notice periods (14 days for nonpayment in many programs) and prescribe specific notice content. Federal requirements override Missouri's "no minimum" rule for covered properties.

11.5 Eviction Records

Eviction filings in Missouri become public court records via Missouri Case.net. They are reported by tenant-screening services and can impair housing access. Tenants may petition for sealing under limited circumstances. Pending legislation in the Missouri General Assembly addresses eviction-record sealing — verify current law before filing.

12. SOURCES AND REFERENCES

Statutes (Missouri Revised Statutes)

• Mo. Rev. Stat. § 535.020 — Procedure to recover possession (Rent and Possession): https://revisor.mo.gov/main/OneSection.aspx?section=535.020
• Mo. Rev. Stat. § 535.040 — Summons return; hearing on first available date: https://revisor.mo.gov/main/OneSection.aspx?section=535.040
• Mo. Rev. Stat. § 535.060 — Demand of rent good, when: https://revisor.mo.gov/main/OneSection.aspx?section=535.060
• Mo. Rev. Stat. § 535.110 — Trials de novo and appeals; bond: https://revisor.mo.gov/main/OneSection.aspx?section=535.110
• Mo. Rev. Stat. § 535.300 — Security deposits: https://revisor.mo.gov/main/OneSection.aspx?section=535.300
• Mo. Rev. Stat. § 534.030 — Unlawful detainer defined: https://revisor.mo.gov/main/OneSection.aspx?section=534.030
• Mo. Rev. Stat. § 441.060 — Termination of tenancies; one-month notice: https://revisor.mo.gov/main/OneSection.aspx?section=441.060
• Mo. Rev. Stat. § 441.233 — Self-help eviction prohibited: https://revisor.mo.gov/main/OneSection.aspx?section=441.233
• Mo. Rev. Stat. § 441.234 — Repair and deduct: https://revisor.mo.gov/main/OneSection.aspx?section=441.234
• Mo. Rev. Stat. § 213.040 — Unlawful housing practices: https://revisor.mo.gov/main/OneSection.aspx?section=213.040

Cases

• King v. Moorehead, 495 S.W.2d 65 (Mo. App. 1973) — implied warranty of habitability: https://law.justia.com/cases/missouri/court-of-appeals/1973/25812-0.html
• Kohner Properties, Inc. v. Johnson, 553 S.W.3d 280 (Mo. banc 2018) — rent escrow and habitability defense: https://www.courts.mo.gov/file.jsp?id=116829

Federal Authority

• 42 U.S.C. §§ 3601 et seq. — Federal Fair Housing Act
• 24 C.F.R. § 247 — HUD eviction procedures for subsidized housing

Local Ordinances and Programs

• Kansas City, MO Tenant Bill of Rights (KCMO Code § 27-301 et seq.): https://www.kcmo.gov/city-hall/housing/tenant-resources
• KCMO Tenant Right to Counsel Program: https://civilrighttocounsel.org/major_developments/all-about-the-tenant-right-to-counsel-in-kansas-city/

Practice Resources

• Missouri Bar Association — Implied Warranty of Habitability: https://news.mobar.org/missouris-implied-warranty-of-habitability/
• Legal Services of Eastern Missouri — Tenant Toolkit: https://lsem.org/wp-content/uploads/2024/07/Tenant-ToolKit-2024-FINAL.pdf
• Missouri Tenant Help: https://motenanthelp.org/

END OF NOTICE