Section 4 What Notice Must Be Given to Terminate the Lease?

• Library: Remedies 2006

Notice must be given to terminate a tenancy as follows:

• Sixty days’ notice to terminate a year-to-year tenancy. Section 441.050, RSMo 2000

• One month’s notice to terminate a month-to-month tenancy, a tenancy at will or at sufferance, or a tenancy for less than one year. Section 441.060, RSMo 2000. Note: The statute specifies “one month,” not 30 days. Fisher v. Payton, 219 S.W.2d 293, 296 (Mo. App. W.D. 1949); Davidson v. Kenney, 971 S.W.2d 896 (Mo. App. W.D. 1998)

• Ten days’ notice is sufficient for an unlawful detainer if the tenant

( assigns or transfers the tenant’s interest without written consent

( violates the “conditions” of a written lease;

( commits waste;

( allows the illegal possession, sale, or distribution of controlled substances on the premises...