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When Can a Landlord Legally Terminate a Lease? What About a Tenant?

January 3, 2023
landlord terminating a lease with a tenant

The eviction process lets a landlord break a lease and remove a tenant before the lease term is up. But can a landlord break a lease without an eviction? There are instances when either the landlord or the tenant is within their rights to terminate a lease. Understanding when this is allowed will help keep everyone out of court—either for eviction proceedings or an illegal termination lawsuit brought by a renter.

Why Not Just Evict a Bad Tenant?

Eviction proceedings are expensive and time-consuming. So while landlords are glad to have a way to remove a bad tenant if they have to, it is something they typically try to avoid. Instead, there are ways to legally let a renter know they need to move—with an eviction as the last resort if they refuse to comply.


The most obvious reason to want a tenant out is if they break the rules of the lease. There are also a few other reasons besides broken rules when it is acceptable for a landlord to terminate a lease. The key is to anticipate and prepare for these situations by writing them into the contract. This way, the tenant is aware of the circumstances that can mean they will need to move out before their lease is up. 

Breaking a Lease For Cause

When a lease’s term is up, the agreement automatically ends. The landlord has no obligation to renew the lease if they choose not to, and they do not need to give a reason. In the case of a less-than-ideal tenant, it is often easiest for the landlord to simply wait out the lease term. In Missouri, however, there is a list of things that will void a leasing contract. This means these actions (or inactions) give the landlord the right to terminate the lease.


A tenant is in breach of their leasing agreement if they:

  • Fail to pay rent
  • Cause significant damage to the property
  • Conduct illegal activity on the premises


The landlord can write more rules into the lease that, if broken, could lead to termination. Common additions are a no pets policy, requiring screening and approval of any roommates, and rules against subletting. As long as the rules do not violate any local, state, or federal fair housing laws against discrimination, they are up to the landlord’s discretion.


A tenant could try to dispute any reason a landlord gives for breaking the lease. They may even try to file a lawsuit. To avoid arguments, landlords must make sure that expectations and consequences are not only legal but crystal clear, leaving no room for misunderstandings. Landlords can also protect their interests by documenting all notices and warnings given to the tenant leading up to the termination of the lease.

Terminate a Lease the Right Way

For a landlord to break a lease in Missouri, they must follow certain procedures: 


  • First, for minor violations of the lease, the landlord must give a 10-day “cure or quit” notice. This means the tenant has 10 days to stop the behavior, or they must leave. 
  • A “pay or quit” notice may be issued for non-payment of rent. Missouri law does not require a grace period, so the landlord can demand immediate payment the day is past due.
  • More serious infractions can be addressed with an “unconditional quit” notice. Tenants must leave the premises at once and will lose their lease. Examples are drug-related activity or other criminal behavior that poses a threat to other tenants or the property. 


For other types of lease terminations, again, be sure to include likely scenarios in the lease, along with how and when the tenant will be informed. Remember that breaking a lease means uprooting a renter from their home, so we suggest exercising compassion and patience. Some general guidelines:



  • Notify the tenant in writing that the lease will end early, along with the reason when appropriate.
  • Give tenants a reasonable amount of time (at least 30 to 60 days) to find a new place.
  • If possible, offer the tenant referrals to other housing or landlords nearby.
  • Discuss how the rent will be handled for the remainder of their stay. For example, will the security deposit be used for the last month’s rent? If not, when will it be returned?

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Tenant’s Right to Break a Lease

Just as landlords have the right to break a lease in certain situations, so can a tenant. But simply abandoning the property and stopping rent payments is not acceptable. Landlords can hold a tenant responsible for rent owed in a situation like that.


Missouri law outlines three situations when a tenant can legally get out of a leasing agreement with no questions asked:


  • The Servicemembers Civil Relief Act covers the deployment and transfer of military personnel. The landlord should be given at least 30 days’ notice.
  • A tenant may terminate a lease on a dwelling that is uninhabitable or unsafe.
  • Victims of landlord harassment may break a lease.


There are several other valid reasons a tenant may want to break a lease, but Missouri does not have statutes requiring landlords to comply. We suggest that landlords work with their tenants to come to an agreement in these situations. In some cases, this might mean allowing the termination of the lease. 


  • A tenant wishing to leave for their own safety due to domestic abuse, sexual assault, rape, or stalking.
  • Losing a job could make paying rent difficult or impossible. When a tenant is no longer financially qualified to live in the home, the landlord can choose to work with them or to allow them to break the lease. 
  • Allowing a tenant to break the lease due to a corporate job transfer could actually be a good idea. In many cases, companies are willing to compensate the landlord with a few months’ rent. Meanwhile, they can fill the vacancy with a new renter.
  • Even though both spouses will remain on a lease after a divorce, the landlord may choose to avoid drama and disputes by letting the couple terminate the lease and both move out.
  • Moving might be a necessity for a sick or injured tenant. A landlord can show compassion by not holding a seriously ill or disabled tenant to their rental agreement.


Tenants should communicate with their landlords about any issues they are having that might result in needing to move out before the lease is up. At least 30 days' notice is recommended.

Avoid Legal Trouble When Breaking a Lease

A landlord has the right to terminate a lease when necessary. To supplement those rights, they can also write specific requirements into their leases. By drafting a clear and concise document, they can legally protect themselves in the face of a number of different scenarios.



Many landlords benefit from hiring a leasing and management company like Select Leasing & Management. They have seen every possible situation play out between landlords and tenants. Their expertise in writing and enforcing lease agreements can take the burden off of property owners and give them peace of mind.

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