30 Day Notice to Terminate Month to Month Lease for Nonresidential from Landlord to Tenant
Chapter 441
Landlord and Tenant
Section 441.060
August 28, 2000
Tenancy at will, sufferance, month to month, how terminated --judgment
of eviction, how effectuated, landlord's liability.
441.060.
1. A tenancy at will or by sufferance, or for less than one year,
may be terminated by the person entitled to the possession by giving one
month's notice, in writing, to the person in possession, requiring the
person in possession to vacate the premises.
2. An occupancy limitation of two persons per bedroom residing in
a dwelling unit shall be presumed reasonable for this state. The two-person
limitation shall not apply to a child or children born to the tenants during
the course of the lease.
3. Except as otherwise provided by law, all contracts or agreements
for the leasing, renting or occupation of stores, shops, houses, tenements
or other buildings in cities, towns or villages, and of stores, shops,
houses, tenements or other buildings except when such leasing, renting
or occupation is as tenant of real estate used or rented for agricultural
purposes, other than garden purposes, not made in writing, signed by the
parties thereto, or their agents, shall be held and taken to be tenancies
from month to month, and all such tenancies may be terminated by either
party thereto, or the party's agent, giving to the other party, or the
party's agent, one month's notice, in writing, of the party's intention
to terminate such tenancy.
4. (1) Except as provided in subdivision (2), the landlord or the
tenant may terminate a month-to-month tenancy by a written notice given
to the other party stating that the tenancy shall terminate upon a periodic
rent-paying date not less than one month after the receipt of the notice.
(2) When a person occupies and has an ownership interest in a mobile
home and is leasing the land or the lot upon which the mobile home is located,
a tenancy for less than one year may be terminated by the landlord by giving
written notice to the tenant that the tenancy shall terminate not sooner
than sixty days from the date the rent payment next becomes due, notwithstanding
any written lease provision regarding earlier lease termination to the
contrary.
5. If after the rendition of a judgment and a request for an execution
on any judgment rendered in an action pursuant to chapter 524, RSMo, chapter
534, RSMo, chapter 535, RSMo, or this chapter and there is no stay of execution,
the service officer fails to deliver possession of the premises to the
landlord within seven days of the delivery of the writ to such officer,
the landlord may, within sixty days of the date of the judgment, in the
presence of a municipal or county law enforcement officer of the jurisdiction
in which the premises are located, without breach of the peace, break and
remove locks, enter and take possession of the premises and remove any
household goods, furnishings, fixtures or any other personal property left
in or at the premises, provided the law enforcement officer is first presented
a true copy of the judgment and order of execution, and the law enforcement
officer acknowledges in writing such presentation, and such acknowledgment
is filed in court by the plaintiff within five days following taking possession
of the premises.
6. Except for negligent, willful or wanton acts or omissions of
the landlord, or failure to both timely obtain and file the law enforcement
officer acknowledgment described in the preceding subsection, the landlord
shall have no liability for loss or damage to any household goods, furnishings,
fixtures or any other personal property left in or at the dwelling unit,
by reason of the landlord's removal of the property in accordance with
the provisions of this section.
