Missouri Abandoned Tenant Property Notice

Introduction

Key Things to Know

1. 1

   A Missouri abandoned tenant property notice is the landlord's written notice of belief of abandonment under RSMo 441.065(3). The statute supplies the words to use where appropriate, beginning: "The rent on this property has been due and unpaid for thirty consecutive days and the landlord believes that you have moved out and abandoned the property." It ends with a blank where the landlord inserts a name and street address for the tenant's reply.

2. 2

   The premises are deemed abandoned only if four conditions all hold: the landlord has a reasonable belief that the tenant has vacated and intends not to return; the rent is due and has been unpaid for thirty days; the landlord posts the written notice and mails it; and the tenant fails to pay rent or respond in writing within ten days. Missing any one of them means the property is still the tenant's.

3. 3

   Delivery is doubled. The notice goes on the premises, and the same notice is mailed to the tenant's last known address by both first class mail and certified mail, return receipt requested. Using only one of the two mail methods, or mailing without posting, does not match subdivision (3).

4. 4

   The ten days run from the later of the two steps. Subdivision (4) counts them after both the date of the posting and the deposit of the notice in the mail, and the printed wording tells the tenant the same thing: ten days of the landlord having both posted the notice on the door and mailed it.

5. 5

   The tenant can stop the process in either of two ways within the ten days: by paying rent, or by responding in writing stating an intention not to abandon the premises. The statutory notice tells the tenant to mail that statement by regular first class mail and, if the tenant chooses, by certified mail, return receipt requested, to the address the landlord inserts.

6. 6

   Once the premises are deemed abandoned, the lead paragraph of RSMo 441.065 says any property of the tenant remaining in or at the premises may be removed or disposed of by the landlord without liability to the tenant for such removal or disposition. That protection depends on the four conditions having been met first.

7. 7

   Several things are not addressed in RSMo 441.065: no duty to store the goods, no storage charge, no public sale or advertisement, no order for applying proceeds, no dollar threshold and no carve-out for papers or photographs. The notice wording is the statute's to use "where appropriate", so adapting it to the facts is contemplated. Confirm the current text in the official Revised Statutes of Missouri before relying on it; attorney review is available.

Missouri Requirements for Abandoned Tenant Property Notice

• A Reasonable Belief the Tenant Has Vacated

  RSMo 441.065(1) requires the landlord to have a reasonable belief that the tenant has vacated the premises and intends not to return. Write down the facts behind that belief with dates, such as an emptied unit or returned keys, and keep photographs.

• Rent Due and Unpaid for Thirty Days

  Subdivision (2) requires that the rent is due and has been unpaid for thirty days. Record the due date, the amount and the date the thirty days ended. The notice itself states thirty consecutive days, so do not send it earlier.

• Posting the Notice on the Premises

  The landlord must post the written notice on the premises. Photograph it in place with a date, because the ten days run only after both the posting and the mailing, and the posting date is half of that calculation.

• First Class and Certified Mail, Return Receipt Requested

  Mail the same notice to the tenant's last known address by both first class mail and certified mail, return receipt requested. Keep both receipts and the green card or returned envelope. One mail method alone does not match subdivision (3).

• The Statutory Notice Wording

  Subdivision (3) supplies the notice text to include where appropriate, from "The rent on this property has been due and unpaid for thirty consecutive days" through the instruction to mail a statement to the landlord's address. Use it word for word.

• The Landlord's Name and Street Address in the Blank

  The statutory wording ends with a blank for the landlord's name and street address, where the tenant is told to send a written statement. Use an address where mail is collected daily so a response within the ten days is not missed.

• Ten Days After Both Posting and Mailing

  Under subdivision (4) the tenant has ten days after both the posting and the deposit of the notice in the mail to pay rent or respond in writing stating an intention not to abandon. Count from the later of the two dates.

• A Record of Removal or Disposal

  Only once all four conditions are met may property remaining in or at the premises be removed or disposed of without liability to the tenant for that removal or disposition. The section sets no storage or sale rule, so keep a dated inventory, photographs and a note of what happened to each item.