Missouri Court of Appeals Declares Notice Insufficient for Unlawful Detainer

In this case, the parties signed no new lease or extension, and the lease provided expired and hold-over created a month-to-month tenancy. Month-to-month tenancy is subject to termination at the end of the rental month, and after one month’s written notice, by statute. Landlords did not carry their burden of proof: phone calls are not writings, and writings did not give a month’s notice. Circuit court’s order of payment of rents due through trial still stands, but awarding of immediate possession, late fees on rejected payments, and contractual attorney fees does not.

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