Understanding Tenancy Types and Eviction Processes Under Missouri Law

Navigating rental agreements and eviction laws can be confusing for both landlords and tenants. Missouri Revised Statutes Section 441.060 (RSMO 441.060) provides clear rules on how certain tenancy types are created and terminated, as well as how eviction judgments are carried out. This post breaks down the key points of RSMO 441.060, focusing on tenancy at will, tenancy by sufferance, month-to-month tenancies, and the eviction process. Understanding these concepts helps landlords protect their property rights and tenants know their obligations and protections.

Apex Law assists landlords in following Missouri Law with respect to ending tenancy

What Is a Tenancy at Will?

A tenancy at will is a rental agreement that has no fixed end date and can be terminated at any time by either party. This type of tenancy often arises when a tenant remains in possession of a property without a formal lease agreement or after a lease expires without renewal.

Key Characteristics

• No fixed lease term

• Can be ended by either landlord or tenant

• Requires proper notice to terminate

  
  

Under RSMO 441.060, a tenancy at will can be ended by the landlord or tenant by giving one month's written notice to the other party. This notice must clearly state the requirement to vacate the premises.

Example

If a tenant stays in a rental unit after their lease expires and the landlord wants them to leave, the landlord must provide a written notice at least one month before the tenant is expected to move out. This gives the tenant time to find alternative housing. In most circumstances rental agreements begin on the 1st, so if a landlord wishes to terminate a tenancy then he/she must tender notice to quit PRIOR to the 1st of the month.

Understanding Tenancy by Sufferance

Tenancy by sufferance occurs when a tenant remains in possession of the property after their lawful tenancy has ended, without the landlord's consent. This is sometimes called a "holdover tenant."

How It Works

• Tenant stays without landlord’s permission after lease ends

• Landlord may choose to accept rent and create a new tenancy or transmute the contract to month-to-month

• Requires one month's written notice to terminate under RSMO 441.060

  
  

The landlord has the right to demand the tenant vacate by giving one month's written notice. If the tenant refuses, the landlord may proceed with eviction.

Month-to-Month Tenancies Explained

Month-to-month tenancies are common in residential rentals where the lease automatically renews every month until either party gives notice to end it.

Features of Month-to-Month Tenancies

• Automatically renews each month

• Can be terminated by either party with one month’s written notice

• Offers flexibility for both landlord and tenant

  
  

RSMO 441.060 treats month-to-month tenancies similarly to tenancies at will and by sufferance in terms of termination notice requirements.

How to Properly Terminate These Tenancies

The statute requires one month's written notice to terminate tenancies at will, by sufferance, or for less than one year. This notice must be delivered to the person in possession, clearly stating the requirement to vacate.

Important Points About Notice

• Must be in writing

• Must be given by the person entitled to possession (usually the landlord)

• Provides at least one full month before termination

  
  

For example, if a landlord wants a tenant to leave by June 30, the notice must be delivered by May 31 at the latest.

The Eviction Judgment and How It Is Effectuated

If a tenant does not vacate after receiving proper notice, the landlord can file an eviction lawsuit, also known as an unlawful detainer action.

The Eviction Process

1. Notice to Vacate: Landlord gives one month's written notice.

2. Filing the Lawsuit: If tenant stays, landlord files for eviction in court.

3. Court Judgment: Judge rules on possession based on evidence.

4. Execution of Judgment: If landlord wins, the court orders the tenant to leave.

   
   

How Eviction Is Enforced

The eviction judgment is carried out by the sheriff or other authorized officer who physically removes the tenant if they refuse to leave voluntarily.

Landlord’s Liability During Eviction

Landlords must follow legal procedures carefully to avoid liability. Illegal eviction methods, such as changing locks or shutting off utilities without court approval, can expose landlords to lawsuits.

Best Practices for Landlords

• Always provide written notice as required by law

• File eviction cases through the court system

• Avoid self-help eviction methods

• Work with legal counsel if unsure about procedures

  
  

Practical Tips for Tenants and Landlords

For Tenants

• Understand your tenancy type and rights

• Respond promptly to written notices

• Seek legal advice if you receive an eviction notice

• Communicate with your landlord to resolve issues early

  
  

For Landlords

• Keep clear records of notices and communications

• Use written notices to terminate tenancies properly

• Follow court procedures for eviction

• Consider mediation or payment plans before eviction

  
  

Understanding the rules under RSMO 441.060 helps both landlords and tenants manage rental relationships fairly and legally. Proper notice and following the eviction process protect everyone’s rights and reduce conflicts. If you face a tenancy or eviction issue, consult a qualified attorney to ensure compliance with Missouri law.