If the court grants an eviction does the tenant still have to provide notice of move date?
Full Question:
If a landlord files for eviction with the court and is granted possession, does the tenant have to give notice that they are moving?
06/10/2007 |
Category: Landlord Tenant |
State: Missouri |
#6303
Answer:
You should carefully read your lease agreement to determine your obligations in providing notice. Typically, a tenant who is evicted would not need to file notice of moving.
The applicable Missouri statutes are as follows:
441.040. Landlord may take possession, when — landlord liable, when, burden
of proof. —
If any tenant violates the provisions of section 441.020 or 441.030, the
landlord, or person holding under the landlord, after giving ten days'
notice to vacate the premises, shall have a right to reenter the premises
and take possession of the premises, or to oust the tenant, subtenant or
undertenant of any person on the premises with the permission of the
lessee, sublessee or underlessee by the procedure specified by law. The
landlord shall have the burden to prove that the premises were being used
for the illegal possession, sale or distribution of controlled substances
under a petition filed for that reason, but the landlord shall not be
liable for any damages resulting from the landlord's reliance on written
notification to the landlord by a law enforcement authority that the
premises are being used for the illegal conduct described in section
441.020.
441.060. Tenancy at will, sufferance, month to month, how terminated —
judgment of eviction, how effectuated, landlord's liability. —
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.
441.070. No notice necessary, when. —
No notice to quit shall be necessary from or to a tenant whose term is to
end at a certain time, or when, by special agreement, notice is dispensed
with.
441.090. Recovery action — tenant served with summons — notice — penalty. —
Every tenant on whom a summons in an action to recover the tenements held
by him shall be served shall forthwith give notice thereof to the person,
or the agent of the person, of whom such tenant holds, under the penalty of
forfeiting to such person the value of three years' rent of the premises
occupied by him.