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Evict a Tenant For Breaking Lease

Written by Landlord Legal USA

For Missouri Landlords Only

This guide applies to Missouri law. Rules vary by county and city.


⚡️ Quick Summary

When a Tenant breaks the lease (other than non-payment of rent), start the eviction process with a Notice to Comply or Quit. Here's how:

  • Complete the Notice to Comply or Quit. Describe the specific lease violation.

  • Serve the notice as soon as you learn of the lease violation.

  • Complete the Affidavit of Service to document service.

  • Wait the stated period (typically 10 days) for the Tenant to cure the violation or vacate.

  • File an Unlawful Detainer lawsuit if the Tenant hasn't resolved the problem or moved out.


🗓️ The Notice to Comply or Quit

The Notice to Comply or Quit tells the Tenant to fix the lease violation or vacate within the stated period. Missouri does not have a specific statutory day requirement for breach-of-lease notices. However, Missouri courts expect written notice of the breach and a reasonable opportunity to cure.

Common practice is to give the Tenant 10 days to comply or vacate. You may give more or less time depending on the nature of the violation, but check your lease and local court practice.

💡 Pro Tip: If you want to give the Tenant a chance to fix the problem (e.g., remove an unauthorized pet), state that option clearly in the notice. If they don't comply, you can proceed to file.

The clock starts on the day after the Tenant is served. Check local ordinances — some may require more notice.

🚩 Don't serve the notice yourself. Use someone 18+ who can testify in court that service was made.


✍️ Complete the Affidavit of Service

Have the person who served the Tenant complete the Affidavit of Service form. Keep it in your file. Without proof of service, your eviction case may be dismissed.


📅 Mark Your Calendar

Count forward from the day after service. If the Tenant has not cured or vacated by the deadline, you may file for Unlawful Detainer. Weekends and holidays count.


⚖️ File an Unlawful Detainer Lawsuit

File an Unlawful Detainer action in the Associate Circuit Court for the county where the property is located (Mo. Rev. Stat. § 535.010 et seq.).


❓ FAQs

Can I slip the notice under the door?

No. Missouri requires personal delivery, leaving with a qualifying household member 15+, or posting plus mailing (Mo. Rev. Stat. § 535.020).

Can I serve the notice myself?

Not smart. The server may need to testify. Use a third party.

How quickly can I serve the notice?

As soon as you learn of the lease violation.

Does the Tenant have a right to fix the violation?

Not automatically — unless your lease or local law gives the Tenant a cure right. You control whether to offer a cure option in the notice. If you don't, and the Tenant doesn't vacate, you can proceed to file.


📄 Forms

Notice to Comply or Quit — States the violation and the deadline to cure or vacate

Affidavit of Service — Documents how and when the notice was served


📜 Relevant Missouri Laws

Unlawful Detainer — Mo. Rev. Stat. § 535.010 et seq.

Service of Notice — Mo. Rev. Stat. § 535.020

Termination for Breach — Mo. Rev. Stat. § 441.040


Need Help?

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⚖️ Disclaimer — This article is for general informational purposes only and should not be considered legal advice or a legal opinion on any specific case or situation. It does not create an attorney-client relationship. We make no guarantees as to accuracy, completeness, or changes in the law.

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