As a landlord, there are some valid reasons for wanting a problem tenant to leave before their lease ends. Eviction is one way to do it, but it should be a last resort since the process can be confrontational and costly. Often, a lease termination letter is all that’s needed to solve the issue. In Missouri, termination letters are also a necessary first step leading up to a court-ordered eviction.
When a landlord can find good tenants, they may rent to them year after year without ever terminating a lease. It is still important to know how to write an effective (and legal) lease termination letter, should the need arise.
Terminating a lease before its end date is possible, but requires a valid reason and an official lease termination letter.
In Missouri, and in most other states, terminating a lease is acceptable for the following reasons:
The last point is an important one. If a property owner has specific rules they would like renters to follow, they can include them in the wording of the lease. Some examples are regulations regarding pets, smoking, subleasing, screening and approval of roommates, or running a business on the premises. A lease can contain just about anything, as long as it does not violate federal or state anti-discrimination laws. For example, an apartment may have a “no pets” policy, but it is illegal to ban emotional support animals.
The more specific landlords are about their wishes, the easier it is to justify terminating a lease if the rules are broken.
According to the CPI Housing Survey, more than half of all leases in the United States are for a period of 12 months. Towards the end of that term, some landlords send tenants a letter either inviting them to renew their lease, or informing them that it is time to move out.
Sending this type of communication is a courtesy rather than something required by Missouri law. Once the lease runs out, it automatically terminates and it is commonly accepted that tenants will either leave or sign a new lease. If a landlord does not want to keep a tenant, they are under no obligation to renew the lease and they do not have to give a reason.
A lease termination notice is required, however, for a month-to-month lease. Tenants must be given a 30-day notice letter, telling them the lease will not be renewed at the end of the month and they have to move out. A Missouri landlord can not ask a tenant to leave early without one of the reasons listed in the previous section. If the tenant has broken one of these rules, the landlord has a choice of three notices they can send:
Sending one of these letters is often enough to either rectify the situation or make the problem tenant move out. If the tenant refuses to go, the landlord may begin eviction proceedings. Evictions can take time and require hiring a lawyer and going before a judge to have the tenants and their belongings forcibly removed from the premises. A property manager can act on behalf of the owner in these situations.]
Knowing how to write a lease termination notice in the right way can ensure that it does what it’s intended to do. A poorly written, unprofessional, or confusing letter may not fix the situation and could even work against a landlord if the tenant decides to file a lawsuit.
Here is a list of what to include in a lease termination letter:
As with any important business correspondence, the sender must be able to verify that the letter was received. For this reason it is a good idea to send a termination letter by first class certified mail, which requires a signature, or to use a professional server to hand-deliver it.
In a perfect world, all tenants would be responsible and landlords would never have to terminate a lease early. Unfortunately, this isn’t always the case. There are some steps property owners can take to safeguard themselves from bad renters and long and expensive court battles to get rid of them.
A detailed lease spelling out rules and requirements and a thorough screening process are great first steps. Then, knowing how to write a lease termination letter and how to carry out an eviction should something go wrong.
It’s not surprising that many landlords find these situations time-consuming and stress-inducing. A professional property management company like Select Leasing & Management deals with these issues every day. They have the administrative and legal expertise necessary to assist property owners in holding tenants accountable for following their lease agreements—and in terminating a lease when they don’t.
Contact us today to see how we can help
12851 Manchester Rd., Ste 110
St. Louis, MO, 63131
