All residential lease agreements will stipulate the notice periods required in different situations, such as when one party wishes to terminate the tenancy or when the landlord needs to enter the unit for repairs. Failing to adhere to these required notice timeframes can be more than an annoyance for the other party, it can waive the offending party’s rights to certain actions and remedies, and at worst impose monetary damages.
Termination of the tenancy and holding over
Missouri landlord tenant law contains a statute (V.A.M.S. 441.070) that stipulates there is no need to provide notice, by either party, for termination of a fixed term lease. So, when a fixed term lease terminates it just terminates as of the date stated in the lease. This is different from most states, where the lease language is allowed to override such a “no notice” law.
Landlord’s lawful entry
A landlord may need to enter a unit for a variety of reasons during a tenancy, and depending on the reason for entry certain notice periods are typically required. The one exception is an emergency situation where time is of the essence and the landlord cannot be expected to wait for the tenant’s permission to enter the unit in order to protect life or property. Missouri landlord tenant law is silent (i.e. no statutes) on the specific notice periods that the landlord must provide for entry. Best practice is to be reasonable and courteous and provide your tenants with a minimum 24 hours notice of entry for situations such as making repairs, showings, and pesticide treatments.
If a landlord wishes to terminate the lease agreement due to a lease violation 10 days’ notice must be provided to the tenant. The same 10 days’ notice is required for termination due to an illegal use of the premises, as per V.A.M.S. 441.020.
Move out inspection
At the end of the lease agreement the landlord is obligated to perform a move out inspection with the tenant. The time and date of the inspection should be at a convenient time for both parties, and the landlord is only asked to provide “reasonable notice”.
Non-payment of rent
If rent is unpaid when due the landlord is not obligated to provide any notice of his intention to “quit” the agreement.