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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 441

Citation
§ 441
Parent Document
Davidson v. Kenney, 971 S.W.2d 896 (1998)
Jurisdiction
Missouri (state)
Effective Date
1998-07-21

Full Text

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The rationale of Fisher and Mcllvain is directly applicable here. In light of Missouri’s policy of strictly construing the notice requirement for unlawful detainer actions, and in accordance with the above cases, we hold that the September 6, 1996 notice here was inadequate to terminate the tenancy on any date. In order to terminate Mr. Kenney’s tenancy on October 31,1996, the David-sons were required to send him notice on or before September 30, 1996, expressly stating they were terminating the tenancy on October 31,1996, or at the end of the next rental period. They did not do so. The only notices they gave were the defective September 6,1996, notice and their notice of October 31, 1996, notifying Mr. Kenney he was required to immediately vacate the premises. These notices were not effective to terminate the tenancy. For these reasons, we reverse the trial court’s judgment for the Davidsons on their claim for unlawful detainer.2