Missouri Notice to Terminate Tenancy — No-Cause / End of Periodic Tenancy

MISSOURI NOTICE TO TERMINATE TENANCY — NO-CAUSE / END OF PERIODIC TENANCY

TABLE OF CONTENTS

1. Caption and Identification of Premises
2. Type of Tenancy and Statutory Basis
3. Notice of Termination
4. Effective Date of Termination
5. Move-Out Requirements
6. Security Deposit Procedure
7. Consequences of Holding Over
8. Tenant Rights Disclosure
9. Reservation of Rights and Non-Waiver
10. Service / Proof of Delivery
11. Signature Block
12. Missouri Practice Notes
13. Sources and References

1. CAPTION AND IDENTIFICATION OF PREMISES

2. TYPE OF TENANCY AND STATUTORY BASIS

The tenancy being terminated is (check one):

☐ Tenancy at will — terminable on one (1) month's written notice (Mo. Rev. Stat. § 441.060.1)
☐ Tenancy at sufferance — terminable on one (1) month's written notice (Mo. Rev. Stat. § 441.060.1)
☐ Month-to-month tenancy (oral or written, no fixed term) — terminable by written notice ending on a periodic rent-paying date not less than one month after receipt (Mo. Rev. Stat. § 441.060.2)
☐ Weekly tenancy — terminable on seven (7) days' written notice (per lease / common-law extrapolation of § 441.060)
☐ Year-to-year tenancy (residential) — terminable on sixty (60) days' written notice ending on tenancy anniversary (common-law)
☐ Year-to-year farm / agricultural tenancy — terminable on sixty (60) days' written notice ending on or before March 1 (Mo. Rev. Stat. § 441.070)
☐ Mobile-home lot tenancy (less than one year) — terminable on sixty (60) days' notice tied to next rent due (Mo. Rev. Stat. § 441.060.4)
☐ Fixed-term lease expiring on stated date — non-renewal notice; no statutory minimum but lease may require [____] days
☐ Other — describe: [____]

3. NOTICE OF TERMINATION

YOU ARE HEREBY NOTIFIED that, pursuant to Mo. Rev. Stat. § 441.060 (and any applicable lease provisions), the Landlord terminates the tenancy described above, effective on the Termination Date stated in Section 4. After the Termination Date, you have no right to remain in possession of the Premises.

This Notice is given without alleging cause. Termination on these grounds is permitted under Missouri law where the tenancy is periodic or at will and no fair-housing, anti-retaliation, or contractual restriction applies.

4. EFFECTIVE DATE OF TERMINATION

The tenancy terminates and possession must be surrendered no later than:

TERMINATION DATE: [__/__/____] at 11:59 p.m.

5. MOVE-OUT REQUIREMENTS

On or before the Termination Date, the Tenant shall:

1. Vacate the Premises and remove all persons and personal property;
2. Return all keys, garage-door openers, mail-key, parking permits, and access devices to the Landlord at [ADDRESS];
3. Deliver the Premises in the condition required by the lease (broom-clean, free of damage beyond ordinary wear and tear);
4. Provide a forwarding address in writing for return of the security deposit pursuant to Mo. Rev. Stat. § 535.300;
5. Schedule a move-out walk-through with the Landlord, if requested, at least 48 hours before the Termination Date;
6. Settle all final utility bills in Tenant's name and provide proof of disconnection or transfer;
7. Cooperate with any final inspection required by the lease.

6. SECURITY DEPOSIT PROCEDURE

Pursuant to Mo. Rev. Stat. § 535.300, the Landlord must, within thirty (30) days after termination of tenancy, either:

(a) Return the entire security deposit to the Tenant; OR
(b) Furnish the Tenant with an itemized written list of damages for which any portion is withheld, with the balance returned.

Wrongful withholding entitles the Tenant to recover twice the amount wrongfully withheld under § 535.300.5.

7. CONSEQUENCES OF HOLDING OVER

If the Tenant remains in possession after the Termination Date without the Landlord's written consent, the Tenant becomes a holdover tenant and an unlawful detainer under Mo. Rev. Stat. § 534.030(1). The Landlord may then:

1. File an Unlawful Detainer action under § 534.030 in the Associate Circuit Court of [COUNTY] County, Missouri;

2. Recover possession plus, under § 534.330, double damages (twice the rents and profits during the period of unlawful detention);

3. Recover attorneys' fees if authorized by the lease;

4. Obtain a Writ of Restitution / Execution for Possession enforced by the sheriff;

5. Report the eviction to consumer-reporting tenant-screening databases.

SELF-HELP IS PROHIBITED. RSMo § 441.233 makes lockouts, utility shut-offs, and door removals criminal offenses and creates civil liability.

8. TENANT RIGHTS DISCLOSURE

The Tenant has the following rights, including but not limited to:

• Defective Notice Defense. Inadequate notice period, failure to align with a periodic rent-paying date, or service in a manner not authorized by the lease may invalidate this Notice.
• Anti-Retaliation. Common-law retaliation defense and local-ordinance protections (KCMO § 27-301) prohibit "no-cause" termination motivated by code complaints, requests for repair, organizing activity, or assertion of legal rights.
• Anti-Discrimination. Mo. Rev. Stat. § 213.040 and the federal Fair Housing Act, 42 U.S.C. §§ 3601 et seq., prohibit termination motivated by race, color, religion, national origin, ancestry, sex (including pregnancy), disability, or familial status. State-court treatment of source-of-income discrimination varies; verify local ordinance (KCMO and St. Louis prohibit Section 8 voucher discrimination).
• VAWA Protections. In covered properties, conduct arising from domestic violence, dating violence, sexual assault, or stalking may not be the basis for termination (34 U.S.C. § 12491; 24 C.F.R. § 5.2005).
• Disability Reasonable Accommodation. A tenant with a disability may request a reasonable accommodation (e.g., extension of move-out time, transfer of unit) under the FHA before termination is enforced.
• Right to Counsel (Local). Tenants in Kansas City, MO have a statutory right to free legal representation in eviction proceedings.
• Federal "Good Cause" (HUD properties). No-cause termination is generally barred during a HUD-subsidized lease term.
• Security Deposit. The Tenant is entitled to return or itemization within 30 days under § 535.300, with double-damages remedy for wrongful withholding.
• Implied Warranty of Habitability. King v. Moorehead, 495 S.W.2d 65 (Mo. App. 1973), recognizes habitability as a defense even after termination notice.

9. RESERVATION OF RIGHTS AND NON-WAIVER

Acceptance of any rent for any period after the Termination Date does NOT constitute waiver of this Notice or reinstatement of the tenancy unless the Landlord expressly waives the termination in writing. Rent for the period through the Termination Date remains due.

The Landlord expressly reserves all rights under the lease, Mo. Rev. Stat. Chapters 441 and 534, and applicable common law. This Notice is given without prejudice to any other notice required by federal law (e.g., 24 C.F.R. § 247.3) or local ordinance.

10. 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: [__/__/____]

11. SIGNATURE BLOCK

LANDLORD / AUTHORIZED AGENT:

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

12. MISSOURI PRACTICE NOTES

12.1 The "One Month, Periodic Rent-Paying Date" Rule

Mo. Rev. Stat. § 441.060.2 is more demanding than its short text suggests. The notice must (a) be written, (b) be received at least one full month before the termination date, AND (c) terminate on a periodic rent-paying date. A notice served on the 15th of a month for a rent-on-the-1st tenancy cannot terminate on the 15th of the next month — the next rent-paying date is the 1st of the second month, so termination must run to the 30th/31st of the second month.

12.2 No-Cause vs. For-Cause Pathways

Where the landlord has cause (rent default, lease breach), a separate notice (Pay-or-Quit or Cure-or-Quit) is generally faster and more flexible than a no-cause termination. No-cause termination is best used to:

• End a tenancy at the natural end of the periodic cycle;
• Avoid litigating breach when proof is weak;
• Take a property off the market or convert use;
• Prepare for owner-occupancy or major renovation.

A no-cause notice may be challenged as a pretext for retaliation or discrimination, so document the legitimate business reason in the file even though the reason is not stated in the Notice.

12.3 Tenant Estate Termination on Death

Mo. Rev. Stat. § 441.060.5 contains additional provisions regarding execution of judgments of eviction (seven-day sheriff's window; sixty-day landlord re-entry following acknowledgment by an officer). The death of a sole tenant does NOT automatically terminate the tenancy; the tenancy survives in the estate, and a no-cause notice may be served on the estate's personal representative.

12.4 Rent-Controlled / Subsidized Housing Carve-Outs

Missouri does not have statewide rent control. However:

• HUD Section 8 (PBV and HCV): 24 C.F.R. § 982.310 requires "good cause" for tenancy termination at expiration; no-cause termination is generally invalid.
• HUD Section 9 (public housing): Same; 42 U.S.C. § 1437d(l).
• LIHTC: 26 U.S.C. § 42(h)(6)(B)(i)(I) and IRS Rev. Rul. 2004-82 require "good cause" for termination during compliance period.
• VAWA-covered: Eviction may not be based solely on victimization status.

For these properties, this no-cause Notice is generally NOT proper; use a cause-based notice with the federally required content and timing.

12.5 Local Source-of-Income Protections

• Kansas City, MO: Discrimination based on Section 8 voucher status is prohibited under the Tenant Bill of Rights.
• St. Louis City: Source-of-income protections exist by ordinance.
• State law: Missouri does NOT have statewide source-of-income protection.

12.6 Computing the Notice Period

13. SOURCES AND REFERENCES

Statutes (Missouri Revised Statutes)

• Mo. Rev. Stat. § 441.050 — Tenancies for definite period: https://revisor.mo.gov/main/OneSection.aspx?section=441.050
• Mo. Rev. Stat. § 441.060 — Termination of tenancy; one month / 60-day mobile home: https://revisor.mo.gov/main/OneSection.aspx?section=441.060
• Mo. Rev. Stat. § 441.070 — Farm tenancy 60-day notice: https://revisor.mo.gov/main/OneSection.aspx?section=441.070
• Mo. Rev. Stat. § 441.233 — Self-help eviction prohibited: https://revisor.mo.gov/main/OneSection.aspx?section=441.233
• Mo. Rev. Stat. § 534.030 — Unlawful detainer (holdover): https://revisor.mo.gov/main/OneSection.aspx?section=534.030
• Mo. Rev. Stat. § 534.330 — Damages for unlawful detainer: https://revisor.mo.gov/main/OneSection.aspx?section=534.330
• Mo. Rev. Stat. § 535.300 — Security deposits: https://revisor.mo.gov/main/OneSection.aspx?section=535.300
• 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): 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): https://www.courts.mo.gov/file.jsp?id=116829

Federal Authority

• 42 U.S.C. §§ 3601 et seq. — Fair Housing Act
• 24 C.F.R. § 247 — HUD eviction procedures
• 24 C.F.R. § 982.310 — Section 8 HCV good cause
• 34 U.S.C. § 12491 — VAWA housing protections

Local Ordinances and Programs

• Kansas City, MO Tenant Bill of Rights: 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 — 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