Davidson v. Kenney
Missouri Court of Appeals for the Western District
971 S.W.2d 896 (1998)
The Davidsons (plaintiffs), month-to-month landlords, sent tenant Kenney (defendant) a notice dated August 28, 1996, demanding he vacate by September 30, but delivery was delayed until September 6, giving less than the statutorily required one month's notice before the end of the next rental period; when Kenney didn't vacate, the Davidsons sent a second notice on October 31 demanding immediate vacatur and filed an unlawful detainer action, and Kenney ultimately didn't leave until December 11, having paid no rent for October through December. The trial court ruled for the Davidsons; Kenney appealed.
Whether, in a month-to-month tenancy, if the date set in a notice for termination is less than one month prior to the end of the next rental period, the notice terminates the tenancy at any future date.