OWNERSHIP AND CONVEYANCE
Landlord and Tenant
Except as otherwise provided, when used in chapter 534, RSMo,
RSMo, or this chapter, the following terms mean:
(1) "Lease", a written or oral agreement for the use
or possession of premises;
Covenant or contract of tenant to repair--effect of.
(2) "Lessee", any person who leases premises from
another, and any person residing on the premises with the lessee's
(3) "Premises", land, tenements, condominium or
cooperative units, air rights and all other types of real property
leased under the terms of a rental agreement, including any
facilities and appurtenances, to such premises, and any grounds,
areas and facilities held out for the use of tenants generally or
the use of which is promised to the tenant. "Premises"
include structures, fixed or mobile, temporary or permanent,
vessels, mobile trailer homes and vehicles which are used or
intended for use primarily as a dwelling or as a place for
commercial or industrial operations or storage;
(4) "Rent", a stated payment for the temporary
possession or use of a house, land or other real property, made at
fixed intervals by a tenant to a landlord. Title 29, Chap.
No covenant or contract to repair shall impose upon a tenant the
obligation to rebuild or repair any building destroyed by fire
without the procurement, connivance or neglect of such tenant, his
agents or servants, during the continuance of the term for which
such building was leased or let, unless such tenant shall specially
covenant or contract to rebuild or repair, in case of the
destruction or damage of such building by fire; and no action, suit
or process shall bemaintained or prosecuted against any tenant
or other person, in whose house or apartment any fire shall
accidentally begin or take place; nor shall any recompense be made
by such person for any damage occasioned thereby, any law, custom or
usage to the contrary notwithstanding. Title 29, Chap. 441, §441.010.
Illegal use of premises renders lease void.
Whenever any lessee of any house, apartment or building permits
any prohibited gaming table, bank or device to be set up or be kept
or used upon the premises, for the purpose of gaming, or keeping in
the same a bawdyhouse, brothel or common gaming house, or allowing
the illegal possession, sale or distribution of controlled
substances upon the premises, the lease or agreement for letting
such house or building shall become void, and the lessor may enter
on the premises so let, and shall have the same remedies for the
recovery of the premises as in the case of a tenant holding over the
tenant's term. Title 29, Chap. 441, §441.020.
Tenant not to assign without consent--nor violate
conditions--nor commit waste.
No tenant for a term not exceeding two years, or at will, or by
sufferance, shall assign or transfer his term or interest, or any
part thereof, to another without the written assent of the landlord;
neither shall he violate any of the conditions of his written lease,
nor commit waste upon the leased premises.
Landlord may take possession, when--landlord liable, when,
burden of proof.
If any tenant violates the provisions of section 441.020 or
441.030, the landlord, or person holding under the landlord, after
giving ten days' notice to vacate the premises, shall have a right
to reenter the premises and take possession of the premises, or to
oust the tenant, subtenant or undertenant of any person on the
premises with the permission of the lessee, sublessee or underlessee
by the procedure specified by law. The landlord shall have the
burden to prove that the premises were being used for the illegal
possession, sale or distribution of controlled substances under a
petition filed for that reason, but the landlord shall not be liable
for any damages resulting from the landlord's reliance on written
notification to the landlord by a law enforcement authority that the
premises are being used for the illegal conduct described in section
441.020. Title 29, Chap. 441, §441.040.
Counties and cities not to adopt ordinances regulating
rents of private or
commercial property, exceptions.
No county or city, or county or city with a charter form of
government may enact, maintain, or enforce any ordinance or
resolution which regulates the amount of rent to be charged for
privately-owned, single-family, or multiple-unit residential or
commercial rental property. This section shall not be construed as
prohibiting any county or city, or any authority created by a county
or city for that purpose, from:
(1) Regulating in any way property belonging to that city,
county, or authority;
Tenancy from year to year, how terminated.
(2) Entering into agreements with private persons which
regulate the amount of rent charged for subsidized rental
(3) Enacting ordinances or resolutions restricting rent for
properties assisted with community development block grant funds.
Title 29, Chap. 441, §441.043.
Either party may terminate a tenancy from year to year by giving
notice, in writing, of his intention to terminate the same, not less
than sixty days next before the end of the year. Title
29, Chap. 441, §441.050.
CROSS REFERENCE: Service of notice, generally, RSMo 1.190
(1957) Fact that tenant held over eleven days after expiration of
written lease did not of itself create a new tenancy from year to
year, and tenant had no interest in premises condemned under action
filed on 12th day. Millhouse v. Drainage Dist. No. 48 of Dunklin Co.
(A.), 304 S.W.2d 54. (1964) Trial court reasonably have found
that oral agreement between plaintiff and defendant that plaintiff
would get one-third of crops and pay one-third of combining and
fertilizing, where no fixed rental was agreed upon and defendant did
not even pay rent in cash, no discussion was had as to length of
term, defendant furnished his own seed and decided what crops to
plant and used his own equipment, did not constitute a tenancy from
year to year and therefore defendant was not entitled to sixty days'
notice. Smith v. McNew (A.), 381 S.W.2d 369.
Tenancy at will, sufferance, month to month, how
terminated --judgment of eviction, how effectuated, landlord's
1. A tenancy at will or by sufferance, or for less than one
year, may be terminated by the person entitled to the possession
by giving one month's notice, in writing, to the person in
possession, requiring the person in possession to vacate the
CROSS REFERENCE: Leases, not in writing, operate as estates at
will, RSMo 432.050 (1956) When on nonpayment of rent under lease by
tenant, landlord invoked harsh remedy of common law forfeiture and
sought to recover double damages and double rents, he would be held
to strict requirements of common law as to forfeiture, i.e. that
rent was required to be demanded on the day it became due. Waring v.
Rogers (A.), 286 S.W.2d 374.
2. An occupancy limitation of two persons per bedroom
residing in a dwelling unit shall be presumed reasonable for this
state. The two-person limitation shall not apply to a child or
children born to the tenants during the course of the lease.
3. Except as otherwise provided by law, all contracts or
agreements for the leasing, renting or occupation of stores,
shops, houses, tenements or other buildings in cities, towns or
villages, and of stores, shops, houses, tenements or other
buildings except when such leasing, renting or occupation is as
tenant of real estate used or rented for agricultural purposes,
other than garden purposes, not made in writing, signed by the
parties thereto, or their agents, shall be held and taken to be
tenancies from month to month, and all such tenancies may be
terminated by either party thereto, or the party's agent, giving
to the other party, or the party's agent, one month's notice, in
writing, of the party's intention to terminate such tenancy.
(1) Except as provided in subdivision (2), the landlord or
the tenant may terminate a month-to-month tenancy by a written
notice given to the other party stating that the tenancy shall
terminate upon a periodic rent-paying date not less than one
month after the receipt of the notice.
5. If after the rendition of a judgment and a request for an
execution on any judgment rendered in an action pursuant to
chapter 524, RSMo, chapter 534, RSMo, chapter 535, RSMo, or this
chapter and there is no stay of execution, the service officer
fails to deliver possession of the premises to the landlord within
seven days of the delivery of the writ to such officer, the
landlord may, within sixty days of the date of the judgment, in
the presence of a municipal or county law enforcement officer of
the jurisdiction in which the premises are located, without breach
of the peace, break and remove locks, enter and take possession of
the premises and remove any household goods, furnishings, fixtures
or any other personal property left in or at the premises,
provided the law enforcement officer is first presented a true
copy of the judgment and order of execution, and the law
enforcement officer acknowledges in writing such presentation, and
such acknowledgment is filed in court by the plaintiff within five
days following taking possession of the premises.
(2) When a person occupies and has an ownership interest
in a mobile home and is leasing the land or the lot upon which
the mobile home is located, a tenancy for less than one year may
be terminated by the landlord by giving written notice to the
tenant that the tenancy shall terminate not sooner than sixty
days from the date the rent payment next becomes due,
notwithstanding any written lease provision regarding earlier
lease termination to the contrary.
6. Except for negligent, willful or wanton acts or
omissions of the landlord, or failure to both timely obtain and
file the law enforcement officer acknowledgment described in the
preceding subsection, the landlord shall have no liability for
loss or damage to any household goods, furnishings, fixtures or
any other personal property left in or at the dwelling unit, by
reason of the landlord's removal of the property in accordance
with the provisions of this section. Title 29, Chap. 441, §441.060.
(1962) Where tenant did not give notice in writing of
termination of month-to-month tenancy, landlord recovered rent for
three month period extending to time landlord restored center
partition in building which act constituted acceptance of surrender
of premises. Rauth v. Dennison (A.), 357 S.W.2d 201.
(1963) Where tenant did not occupy dwelling house under
written agreement, and written notice to remove was served on August
7, 1961, landlord had immediate right to possession when she sued in
ejectment therefor on September 14, 1961, and restitution of
possession was proper. Davis v. Broughton (A.), 369 S.W.2d 857.
Abandonment of rental premises, when, procedure.
Any property of a tenant remaining in or at the premises, after
the tenant abandons the premises, may be removed or disposed of by
the landlord without liability to the tenant for such removal or
disposition. The premises shall be deemed abandoned if:
(1) The landlord has a reasonable belief that the tenant has
vacated the premises and intends not to return;
(L. 1997 H.B. 361)
(2) The rent is due and has been unpaid for thirty days;
(3) The landlord posts written notice on the premises and
mails to the last known address of the tenant by both first class
mail and certified mail, return receipt requested, a notice of the
landlord's belief of abandonment. The notice shall include the
following, where appropriate: "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. The
landlord may declare this property abandoned and remove your
possessions from this unit and dispose of them unless you write to
the landlord stating that you have not abandoned this unit within
ten days of the landlord having both posted this notice on your
door and mailing this notice to you. You should mail your
statement by regular first class mail and, if you so choose, by
certified mail, return receipt requested, to this address . . . .
. . . . . . . (here insert landlord's name and street
(4) The tenant fails to either pay rent or respond in
writing to the landlord's notice within ten days after both the
date of the posting and deposit of such notice by either first
class mail or certified mail, return receipt requested, stating
the tenant's intention not to abandon the premises. Title
29, Chap. 441, §441.065.
No notice necessary, when.
No notice to quit shall be necessary from or to a tenant whose
term is to end at a certain time, or when, by special agreement,
notice is dispensed with. Title 29, Chap. 441, §441.070.
Liability of tenants after termination of term.
If any tenant for life or years, or if any other person, who may
come into the possession of any lands or tenements under or by
collusion with such tenant, shall willfully hold over the same after
the termination of such term, and after demand made and notice in
writing given, requiring the possession thereof, by the person
entitled thereto, such person so holding over shall pay to the
person so kept out of possession double the yearly value of the
lands or tenements so detained, for all the time he shall keep the
person entitled out of possession. Title 29, Chap. 441, §441.080.
Recovery action--tenant served with
Every tenant on whom a summons in an action to recover the
tenements held by him shall be served shall forthwith give notice
thereof to the person, or the agent of the person, of whom such
tenant holds, under the penalty of forfeiting to such person the
value of three years' rent of the premises occupied by him.
Title 29, Chap. 441, §441.090.
Tenant giving notice to quit, and failing to do so,
If any tenant shall give notice, in writing, of his intention to
quit the premises held by him, at a time specified in such notice,
and shall not deliver up the possession thereof at such time, such
tenant, his executors or administrators shall from thenceforward pay
to the landlord, his heirs or assigns, double the rent reserved
during all the time such tenant shall so continue in possession.
Title 29, Chap. 441, §441.100.
Such rent, how recovered.
Such double rent shall be recovered in the same manner, at the
same time, that the single rent is recoverable. Title 29,
Chap. 441, §441.110.
Oral evidence not to show renewal of lease or
change--notice to quit.
1. In all cases where a tenant holds over after the
termination of the time for which the premises were let or leased,
under a written contract between the lessor or his agent and the
tenant or his agent, in any suit for possession by the party
entitled to possession of said premises against such tenant, after
the termination of the time for which said premises were let or
leased under written contract, oral evidence shall not be
admissible that said lease or letting was renewed or extended, or
that a new contract was entered into or substituted for the
written contract, but the tenant's right to continued possession
or the landlord's right to collect rent on
CROSS REFERENCE: New tenant may maintain action of unlawful
detainer against tenant holding over, when, RSMo 534.290 (1953)
Evidence showing tenant did additional work on premises with
landlord's consent in reliance on new oral lease after expiration of
written lease, held inadmissible. Harriman v. Hale (A.), 258 S.W.2d
said premises after the termination thereof, shall be
established by contract in writing; provided, however, this
section shall not prevent a recovery of damages by either party
for breach of the written contract.
2. In all cases of an oral letting or leasing of real
property for any agricultural year, tenancy at will or by
sufferance, or for less than one year, if either party shall
terminate said tenancy in accordance with the provisions of
sections 441.050 and 441.060, in any suit thereafter between said
parties, oral testimony shall not be admissible to vary, alter or
abrogate the effect of the notice required and given under
sections 441.050 and 441.060, but such notice may be varied,
altered or abrogated only by written evidence thereof and bearing
an actual date subsequent to the date of the notice provided for
in said sections. Title 29, Chap. 441, §441.120.
Alienee or assignee may recover rent.
If the owner or holder of the lands, tenements, an estate or a
lease term alienates or assigns such owner's or holder's lands,
tenement, estate or term, or the rent thereafter to fall due on such
premises after such alienation or assignment, the owner's or
holder's alienee or assignee may recover such rent paid to such
owner or holder after such alienation or assignment. Title 29,
Chap. 441, §441.130.
Grants of rents good without attornment of tenants.
Grants of rents, or of lands, tenements, estates, lease terms,
reversions or remainders pursuant to section 441.130 or section
535.070, RSMo, shall be good and shall be effective without the
consent of the tenants; unless otherwise stated in the lease; but no
tenant, who, before notice of the grant, pays the rent to the
grantor, shall suffer any damage for such payment. Title 29,
Chap. 441, §441.140.
Assornment to stranger void--exceptions.
The attornment of a tenant to a stranger shall be void, and
shall not in any wise affect the possession of his landlord, unless
it is made:
(1) With the consent of the landlord; or
Executor or administrator of tenant for life may recover
(2) Pursuant to or in consequence of a judgment at law, or
a decree in equity, or sale under execution or deed of trust; or
(3) To a mortgagee, after the mortgage has been forfeited.
Title 29, Chap. 441, §441.150.
The executors or administrators of any tenant for life, who
shall have demised any lands or tenements so held, and shall die on
or before the day when any rent on such demise shall become payable,
(1) If such tenant for life die on the day, the whole rent;
CROSS REFERENCE: Unlawful detainer action, cause survives on
death of lessor, RSMo 534.270
(2) If he die before the day, such proportion of the rent
as shall have accrued before his death. Title 29, Chap. 441,
(1959) Where life tenant leased farm to tenant for crop rent
and died after the crop was planted but before maturity or harvest,
the rent did not accrue during life estate so that remaindermen were
entitled to the proceeds from sale of crop. In re North's Estate
(A.), 320 S.W.2d 597.
Remedy of executor or administrator.
The executors or administrators of any person to whom any rent
shall have been due and unpaid at the time of the death of such
person may have the same remedy, by action against the tenant, his
executors or administrators, for the recovery thereof, that their
testator or intestate might have if living. Title 29, Chap.
Rents dependent on life of another, how recovered when
Every person entitled to any rents, dependent upon the life of
any other, may, notwithstanding the death of such other person, have
the same remedy, by action, for the recovery of all arrears of such
rents as are due and unpaid at the death of such other person,
as he might have if such other person were in full life. Title
29, Chap. 441, §441.180.
Rent due on lease for life, how recovered.
Any person having any rent due upon any lease for life may have
the same remedy, by action for the recovery thereof, as if such
lease were for years. Title 29, Chap. 441, §441.190.
Landlord may recover for use and occupation.
A landlord may recover a reasonable satisfaction for the use and
occupation of any lands or tenements held by any person under an
agreement not made by deed. Title 29, Chap. 441, §441.200.
If parol demise appear on trial, shall be evidence of
If a parol demise, or other agreement not by deed, by which a
certain rent is reserved, appear in evidence on the trial of such
action, the plaintiff shall not on that account be debarred from a
recovery, but may make use thereof as evidence of the amount of
damages to be recovered. Title 29, Chap. 441, §441.210.
Rent may be recovered of whom, and how.
Rent may be recovered from the lessee or person owing it, or his
assignee or undertenant, or the representative of either, by the
same remedies given in sections 441.240 to 441.280; but no assignee
or undertenant shall be liable for rent which became due before his
interest began. Title 29, Chap. 441, §441.220.
If tenant sublet, landlord may join sublessees in same
In case any tenant shall sublet any premises or any part thereof
demised or let to him, the landlord shall have the right, in any
action provided for by this chapter and chapter 535, RSMo, to join
as party defendants his lessee and all sublessees in the same
action. Title 29, Chap 441, §441.230.
Landlord's unlawful removal or exclusion of tenant,
of services, landlord's liability.
1. Except as provided in section 441.065, a landlord or its
agent who removes or excludes a tenant or the tenant's personal
property from the premises without judicial process and court
order, or causes such removal or exclusion, or causes the removal
of the doors or locks to such premises, shall be deemed guilty of
forcible entry and detainer as described in chapter 534, RSMo.
Tenant may deduct cost of repair of rental premises from
rent, when --limitations.
2. Any landlord or its agent who willfully diminishes
services to a tenant by interrupting or causing the interruption
of essential services, including but not limited to electric, gas,
water, or sewer service, to the tenant or to the premises shall be
deemed guilty of forcible entry and detainer as described in
chapter 534, RSMo; provided however, this section shall not be
applicable if a landlord or its agent takes such action for health
or safety reasons. Title 29, Chap. 441, §441.233.
1. The provisions of this section shall apply only to a tenant
who has lawfully resided on the rental premises for six
consecutive months, has paid all rent and charges due the landlord
during that time, and did not during that time receive any written
notice from the landlord of any violation of any lease provision
or house rule, which violation was not subsequently cured.
Attachment for rent.
2. If there exists a condition on residential premises
which detrimentally affects the habitability, sanitation or
security of the premises, and the condition constitutes a
violation of a local municipal housing or building code, and the
reasonable cost to correct the condition is less than three
hundred dollars, or one-half of the periodic rent, whichever is
greater, provided that the cost may not exceed one month's rent,
the tenant may notify the landlord of the tenant's intention to
correct the condition at the landlord's expense. If the landlord
fails to correct the condition within fourteen days after being
notified by the tenant in writing or as promptly as required in
case of an emergency, the tenant may cause the work to be done in
a workmanlike manner and, after submitting to the landlord an
itemized statement, including receipts, deduct from the rent the
actual and reasonable cost of the work, as documented by the
receipts, not exceeding the amount specified in this subsection;
provided, however, if the landlord provides to the tenant within
said notice period a written statement disputing the necessity of
the repair, then the tenant may not deduct the cost of the repair
from the rent without securing, before the repair is performed, a
written certification from the local municipality or government
entity that the condition requiring repair constitutes a violation
of local municipal housing or building code. In the event of such
certification, the tenant may cause the work to be done as
described herein if the landlord fails to correct the condition
within fourteen days after the date of said certification or the
date of the notice from the tenant, whichever is later, or as
promptly as required in case of an emergency. The tenant's remedy
provided herein is not exclusive of any other remedies which may
be available to the tenant under the law. No lease agreement shall
contain a waiver of the rights described in this section.
3. A tenant may not repair at the landlord's expense if the
condition was caused by the deliberate or negligent act or
omission of the tenant, a member of the tenant's family, or other
person on the premises with tenant's consent. A tenant may not
deduct in the aggregate more than the amount of one month's rent
during any twelve-month period. Title 29, Chap. 441, §441.234.
1. Any person who shall be liable to pay rent, whether the
same be due or not, or whether the same be payable in money or
other thing, if the rent be due within one year thereafter, shall
be liable to attachment for such rent, in the following instances:
(1) When he intends to remove his property from the leased
or rented premises;
2. The person to whom the rent is owing, or his agent, may,
before an associate circuit judge or the clerk of a court of
record having jurisdiction of actions by attachment in ordinary
cases, of the county in which the premises lie, make an affidavit
of one or more of the foregoing grounds of attachment, and that he
believes unless an attachment issue plaintiff will lose his rent;
and upon the filing of such affidavit, together with a statement
of plaintiff's cause of action, such officer shall issue an
attachment for the rent against the personal property, including
the crops grown on the leased premises, but no such attachment
shall issue until the plaintiff has given bond, executed by
himself or by some responsible person for him, as principal, in
double the amount sued for, with good security, to the defendant
to indemnify him if it appear that the attachment has been
wrongfully obtained; provided, if any person shall buy any crop
grown on demised premises upon which any rent is unpaid, and such
purchaser has knowledge of the fact that such crop was grown on
demised premises, he shall be liable in an action for the value
thereof, to any party entitled thereto, or may be subject to
garnishment at law in any suit against the tenant for the recovery
of the rent. Title 29, Chap. 441, §441.240.
(2) When he is removing his property from the leased or
(3) When he has, within thirty days, removed his property
from the leased or rented premises;
(4) When he shall in any manner dispose of the crop, or
any part thereof, grown on the leased or rented premises, so as
to endanger, hinder or delay the collection of the rent;
(5) When he shall attempt to dispose of the crop, or any
part thereof, grown on the leased or rented premises, so as to
endanger, hinder or delay the collection of the rent;
(6) When the rent is due and unpaid, after demand
thereof. Provided, if such tenant be absent from such
leased premises, demand may be made of the person occupying the
CROSS REFERENCE: Attachment, generally, Chap. 521, RSMo
(1993) Landlord's lien on tenant's crops attach in year crops
sprout, rather than in year crops are harvested and sold. Lien for
1989 rent attached to crops planted in 1989 and harvested in 1990.
Jenkins v. Missouri Farmers Association, Inc., 851
S.W.2d 542 (Mo. App. W.D.).
Proceedings to be same as in suits by attachment.
Proceedings on all attachments issued under this chapter shall
be the same as provided by law in case of suits by attachment.
Title 29, Chap. 441, §441.250.
Who may recover rent.
Any person to whom rent is due, whether he have the reversion or
not or his personal representatives or assignee, may recover such
rent, as provided in sections 441.240 and 441.250, whatever be the
estate of the person owning the land, or though his estate or
interest in it be ended. Title 29, Chap. 441, §441.260.
What property exempt from attachment for rent.
Property exempt from execution shall be also exempt from
attachment for rent, except the crop grown on the demised premises
on which the rent claimed is due. Title 29, Chap. 441, §441.270.
CROSS REFERENCE: Exemptions from execution, Chap. 513, RSMo
Landlord's lien on crops for rent.
Every landlord shall have a lien upon the crops grown on the
demised premises in any year, for the rent that shall accrue for
such year, and such lien shall continue for eight months after such
rent shall become due and payable, and no longer. When the demised
premises or any portion thereof are used for the purpose of growing
nursery stock, a lien shall exist and continue on such stock until
the same shall have been removed from the premises and sold, and
such lien may be enforced by attachment in the manner herein
provided. Title 29, Chap. 441, §441.280.
Landlord's lien for money or supplies furnished tenant.
Every landlord shall have a superior lien, against which the
tenant shall not be entitled to any exemption, upon the whole crop
of the tenant raised upon the leased or rented premises, to
reimburse the landlord for money or supplies furnished to the tenant
to enable him to raise and harvest the crops or to subsist while
carrying out his contract of tenancy, but the lien of the landlord
shall not continue for more than one hundred and twenty days after
the expiration of the tenancy, and, if the property upon which there
is a lien be removed from the leased premises and not returned, the
landlord shall have a superior lien upon the property so removed for
fifteen days from the date of this removal, and may enforce his lien
against the property wherever found. Title 29, Chap. 441, §441.290.
Lien, how enforced.
The landlord may enforce the lien given in sections 441.280 and
441.290 by distress or attachment, in the manner provided in this
chapter for the collection of rent, and subject to the same
liability, and the action for money or supplies and for rent may be
joined in the same action. Title 29, Chap. 441, §441.300.
As used in sections 441.500 to 441.643, the following terms
(1) "Abatement", the removal or correction,
including demolition, of any condition at a property that violates
the provisions of any duly enacted building or housing code, as
well as the making of such other improvements or corrections as
are needed to effect the rehabilitation of the property or
structure, including the closing or physical securing of the
Civil action, how maintained--procedure.
(2) "Agent", a person authorized by an owner to
act for him;
(3) "Code enforcement agency", the official,
agency, or board that has been delegated the responsibility for
enforcing the housing code by the governing body;
(4) "Community", any county or municipality;
(5) "County", any county in the state;
(6) "Dwelling unit", premises or part thereof
occupied, used, or held out for use and occupancy as a place of
abode for human beings, whether occupied or vacant;
(7) "Governing body", the board, body or persons
in which the powers of a community are vested;
(8) "Housing code", a local building, fire,
health, property maintenance, nuisance or other ordinance which
contains standards regulating the condition or maintenance of
(9) "Local housing corporation", a not-for-profit
corporation organized pursuant to the laws of the state of
Missouri for the purpose of promoting housing development and
conservation within a specified area of a municipality or an
(10) "Municipality", any incorporated city, town,
(11) "Notice of deficiency", a notice or other
order issued by the code enforcement agency and requiring the
elimination or removal of deficiencies found to exist under the
(12) "Nuisance", a violation of provisions of the
housing code applying to the maintenance of the buildings or
dwellings which the code official in the exercise of reasonable
discretion believes constitutes a threat to the public health,
safety or welfare;
(13) "Occupant", any person occupying a dwelling
unit as his or her place of residence, whether or not that person
is occupying the dwelling unit as a tenant from month to month or
under a written lease, undertaking or other agreement;
(14) "Owner", the record owner or owners, and the
beneficial owner or owners when other than the record owner, of
the freehold of the premises or lesser estate therein, a mortgagee
or vendee in possession, assignee of rents, receiver, personal
representative, trustee, lessee, agent, or any other person in
control of a dwelling unit;
(15) "Person", any individual, corporation,
association, partnership, or other entity. Title 29, Chap.
1. If any building or dwelling is found to be in violation of
building or housing codes which the county or municipality in the
exercise of reasonable discretion believes constitutes a threat to
the public health, safety or welfare, the county or municipality,
in addition to any other remedies available to it, may apply to a
court of competent jurisdiction for the appointment of a receiver
to perform an abatement.
Parties to action--designation of registered agent required,
2. At least sixty days prior to the filing of an
application for appointment of a receiver pursuant to sections
441.500 to 441.643, the county or municipality shall give written
notice by regular mail to all interested parties of its intent to
file the application and information relative to:
(1) The identity of the property;
3. A county or municipality may not apply for the appointment
of a receiver pursuant to sections 441.500 to 441.643 if an
interested party has commenced and is then prosecuting in a timely
fashion an action or other judicial or nonjudicial proceeding to
foreclose a security interest on the property, or to obtain
specific performance of a land sale contract, or to forfeit a
purchaser's interest under a land sale contract.
(2) The violations of the building or housing codes
giving rise to the application for the receiver;
(3) The name, address and telephone number of the person
or department where additional information can be obtained
concerning violations and their remedy; and
(4) The county or municipality which may seek the
appointment of a receiver pursuant to sections 441.500 to
441.643 unless action is taken within sixty days by an
4. Notice of the application for the appointment of a
receiver shall be served on all interested parties.
5. If, following the application for appointment of a
receiver, one or more of the interested parties elects to correct
the conditions at the property giving rise to the county's or
municipality's application for the appointment of a receiver, the
party or parties shall be required to post security in an amount
and character as the court deems appropriate to ensure timely
performance of all work necessary to make corrections, as well as
such other conditions as the court deems appropriate to effect the
timely completion of the corrections by the interested party or
6. In the event that no interested party elects to act
pursuant to subsection 5 of this section or fails to timely
perform work undertaken pursuant to subsection 5 of this section,
the court shall make a determination that the property is in an
unsafe or insanitary condition and appoint a receiver to complete
7. A receiver appointed by the court pursuant to sections
441.500 to 441.643 shall not be required to give security or bond
of any sort prior to appointment. Title 29, Chap. 441, §441.510.
1. The action to appoint a receiver authorized by section
441.510 shall be commenced by the filing of a verified petition by
the county or municipality.
2. There shall be named as defendants:
(1) The last owner of record of the dwelling as of the date
of the filing of the petition; and
3. Any owner of the dwelling who is not a party defendant may
be permitted by the court to join as a party defendant.
(2) The last holder of record of any mortgage, deed of
trust, or other lien of record against the building as of the
date of the filing of the petition.
(1) Any owner, whether or not a citizen or resident of this
state, who in person or through agent, owns, uses, or is
possessed of any real estate situated in this state thereby
subjects himself or itself to the jurisdiction of the courts of
this state as to any cause of action arising pursuant to the
provisions of sections 441.500 to 441.643. Personal service of
process shall be made in accordance with the rules of civil
procedure; provided that, if such service cannot with due
diligence be made, service of process may be made by personally
serving process upon the defendant outside this state, or by
service in accordance with the rules of civil procedure as in
all cases affecting a res within the jurisdiction of the court.
5. Any action brought pursuant to the provisions of sections
441.500 to 441.643 shall be expedited by the court and may be
given precedence over other suits. Title 29, Chap. 441, §441.520.
(2) If a landlord of residential property is not a
resident of this state or is a corporation, he must designate an
agent upon whom service of process may be made in this state.
The agent shall be a resident of this state or a corporation
authorized to transact business in this state. The designation
shall be in writing and include the address and the name of the
registered agent and shall be filed in the office of the
secretary of state. If no designation is made and filed or if
process cannot be
served in this state upon the designated agent, process may
be served upon the secretary of state, but service upon him is
not effective unless the petitioner forthwith mails a copy of
the process and pleading by certified mail to the defendant or
respondent at the address stated on the assessor's records for
the subject property. An affidavit of compliance with this
section shall be filed with the clerk of the court.
The application shall state:
(1) The facts constituting a nuisance with respect to the
dwelling unit, building or premises of which the dwelling unit is
No jury trial.
(2) That violations of the housing code exist as determined
by a notice of deficiency;
(3) That the owner of said property has failed, within a
reasonable time, to undertake to remove said nuisance;
(4) If the action is brought by occupants, the number of
dwelling units occupied by plaintiffs and the number of dwelling
units in the building; and
(5) The relief sought as authorized by sections 441.570 and
441.590. Title 29, Chap. 441, §441.530.
Trial shall be by the court without a jury. Title 29,
Chap. 441, §441.540.
Notice of application filed with recorder of deeds.
In any application for receivership brought pursuant to sections
441.500 to 441.643, the county or municipality shall file for
record, with the recorder of deeds of the county in which any such
real estate is situated, a written notice of the pendency of the
suit pursuant to the requirements of section 527.260, RSMo. From the
time of filing such notice the pendency of suit shall be
constructive notice to persons thereafter acquiring an interest in
the building. Title 29, Chap. 441, §441.550.
Denial of entry a defense.
It shall be a sufficient defense to the proceeding if the
defendant establishes that he, the owner or his agent has been
unable to obtain entry to a portion of the premises for the purpose
of correcting the nuisance, notwithstanding his good faith effort so
to do, or that the occupants are in violation of section 441.630.
Title 29, Chap. 441, §441.560.
Action of court upon finding a nuisance exists.
The court may, after hearing and finding the dwelling unit or
building constitutes a
(1) Appoint a receiver and direct that present and future
rents due from one or more occupants be paid by the occupant or
occupants with such receiver as such rents fall due; or
Payment of rent, effect of.
(2) Allow the owner a reasonable time to correct the
deficiencies. Any rents paid pursuant to the provisions of
this section shall be applied to the costs incurred due to the
abatement and receivership. Upon the completion of the work
required to abate the nuisance, any remaining surplus after
authorized disbursements and payments of cost shall be forwarded
to the owner, together with a complete accounting of the rents
paid and the costs incurred. Title 29, Chap. 441, §441.570.
Upon the entry of an order directing the payment of rents
pursuant to section 441.570, such payment in accordance with the
terms of the order shall be a valid defense to any action or
proceeding brought by an owner against any tenant to recover
possession of real property for the nonpayment of rent due and
payable after the date of issuance of the order. Title 29,
Chap. 441, §441.580.
Court orders, provisions.
1. The court may, in any order entered pursuant to section
(L. 1969 p. 537 § 10, A.L. 1993 S.B. 376, A.L. 1998 H.B. 977
(1) Authorize the receiver to draw upon the rents deposited
in court to pay for the cost of necessary repairs upon
presentment to the court of the original copy of any invoice for
work performed or materials purchased;
2. The court may allow a receiver reasonable and necessary
expenses, payable from the rent moneys.
(2) Appoint the code enforcement agency, the mortgagee or
other lienor of record, a local housing corporation established
to promote housing development and conservation in the area in
which such property that is the subject of receivership is
located, a licensed attorney or real estate broker, or any other
qualified person, as a receiver provided, however, that all
lienholders of record shall be given the right of first refusal
to serve as receiver in the order in which their lien appears of
record. In the event of the refusal of all lienholders of record
to serve as receiver or in the absence of any lienholders of
record, the local housing corporation that is established to
promote housing development and conservation in the area in
which such property that is the subject of receivership is
located, if any, shall be given the right of first refusal to
serve as receiver for any residential property consisting of
four units or less; or
(3) Where the building is vacant, appoint the code
enforcement agency, the mortgagee or other lienor of record, a
local housing corporation established to promote development and
conservation in the area in which such property that is the
subject of receivership is located, a licensed attorney or real
estate broker, or any other qualified person, as a receiver to
remove all of the housing code violations which constitute a
nuisance as found by the court, except that all lienholders of
record shall be given the right of first refusal to serve as
receiver in the order in which their liens appear of record. In
the event of the refusal of all lienholders of record to serve
as receiver or in the absence of any lienholders of record, the
local housing corporation that is established to promote
development and conservation in the area in which such property
that is the subject of receivership is located, if any, shall be
given the right of first refusal to serve as receiver for any
residential property consisting of four units or less.
3. No receiver appointed shall serve without bond. The
amount and form of such bond shall be approved by the court and
the cost of such bond shall be paid from the moneys so deposited.
4. The receiver may, on order of the court, take possession
of the property, collect all rents and profits accruing from the
property, and pay all costs of management, including all insurance
premiums and all general and special real estate taxes or
5. The receiver shall with all reasonable speed remove all
of the housing code violations which constitute a nuisance as
found by the court, and may make other improvements to effect a
rehabilitation of the property in such fashion as is consistent
with maintaining safe and habitable conditions over the remaining
useful life of the property. The receiver shall have the power to
let contracts therefor, in accordance with the provisions of local
laws, ordinances, rules and regulations applicable to contracts.
6. The receiver may with the approval of the circuit court
against, and encumber, the property as security therefor in
such amounts as may be necessary to carry out his or her
responsibilities pursuant to sections 441.500 to 441.643. The
circuit court may authorize the receiver to issue receiver's
certificates as security against such borrowings, which
certificates shall be authorized investments for banks and savings
and loan associations, and shall constitute a first lien upon the
property and its income and shall be superior to any claims of the
receiver and to all prior or subsequent liens and encumbrances
except taxes and assessments, and shall be enforceable as provided
in subsection 8 of this section.
7. In addition to issuance of receiver certificates, the
receiver may pledge the rentals from the property and borrow or
encumber the property on the strength of the rental income.
8. Any receiver appointed pursuant to the provisions of
sections 441.500 to 441.643 shall have a lien, for the expenses
necessarily incurred in the execution of an order, upon the rents
receivable from the premises on or in respect of which the work
required by such order has been done or expenses incurred, and
this lien shall have priority over all other liens and
encumbrances of record upon the rents receivable from the
premises, except taxes, assessments, receiver's certificates, and
mortgages recorded prior to October 13, 1969.
9. For the purposes of this section, "local housing
corporation" shall mean only those local housing corporations
established prior to April 28, 1999. Title 29, Chap.
Receiver discharged, when.
The receiver shall be discharged upon rendering a full and
complete accounting to the court when the conditions giving rise to
the receivership have been removed and the cost thereof, and all
other costs authorized by sections 441.500 to 441.640, have been
paid or reimbursed and any surplus money has been paid over to the
owner or the mortgagee or any lienor as the court may direct.
However, at any time, the receiver may be discharged upon filing his
account as receiver without affecting the right of the code
enforcement agency to its lien. Upon the removal of the condition
giving rise to the receivership, the owner, the mortgagee or lienor
may apply for the discharge of the receiver upon payment to the
receiver of all moneys expended by the receiver for removal of such
condition and all other costs authorized by sections 441.500 to
441.640 which have not been paid or reimbursed. Title 29,
Chap. 441, §441.600.
Waiver of provisions of sections 441.500 to 441.640 void.
Any provision of a lease or other agreement whereby any
provision of sections 441.500 to 441.643 for the benefit of an
occupant of a dwelling unit or units is waived or denied shall be
deemed against public policy and shall be void. Title 29, Chap. 441,
Duties of occupant.
Every occupant of a dwelling unit under the provisions of
sections 441.500 to 441.643 shall be responsible to pay all rents
due from him or her when such rents become due and to exercise
(1) To dispose of all rubbish and garbage in his or her
dwelling unit, and other organic waste which might provide food
for rodents, in a clean and sanitary manner;
Court appoints receiver to abate nuisance--holder of title
does not act to
(2) To refrain from unreasonable use of electrical,
heating, and plumbing fixtures;
(3) To meet all obligations lawfully imposed upon the
occupants of dwelling units by the code enforcement agency or the
(4) To refrain from willfully or wantonly destroying,
defacing, damaging, impairing or removing any part of the
structure or dwelling unit or the facilities, equipment, or
appurtenances thereof, and to prohibit any other person on the
premises with his or her permission from doing likewise; and
(5) Shall not under any circumstances take in additional
occupants, sublease, rent or turn over said premises to any
persons without the owner's knowledge and consent. Title 29,
Chap. 441, §441.630.
regain possession, transfer of title, when.
If the court appoints a receiver to abate a nuisance pursuant to
sections 441.500 to 441.643, and the holder of title to the property
or any other party in interest does not take action to regain
possession of the property within two years of the appointment of
the receiver, the court may, for good cause shown, issue a judicial
deed transferring title to the property to the receiver, or to any
not-for-profit corporation organized pursuant to law. Title
29, Chap. 441, §441.641.
Frivolous suit, attorney's fees.
In the event the court finds that the facts alleged in the
petition filed pursuant to section 441.530 are unfounded and that
the petition was filed frivolously and in bad faith, the petitioner
shall be responsible for the reasonable attorney's fees attributable
to the defense of said petition. Title 29, Chap. 441, §441.643.
Master-metered multitenant dwelling, defined--heat-related
utility service, delinquency, maintenance of service,
how--receivership, when, procedure.
1. For purposes of this section:
Certain parties have standing to initiate expedited eviction
(1) A "delinquency" exists when the owner, or his
agent, of a master-metered multitenant dwelling fails to pay for
heat-related utility services for such dwelling for such a
period of time that the utility has lawfully provided to the
owner or residents of the dwelling a written notice that
heat-related utility service is subject to termination, and
while the cause for such notice still exists;
2. At least five days prior to termination of heat-related
utility services to a master-metered multitenant dwelling, the gas
corporation or electrical corporation shall notify the tenants of
that dwelling of the existence of the delinquency, and of the
tenants' right to initiate the receivership procedure by posting
written notice in common areas of that dwelling in a location and
manner likely to provide actual notice to such tenants.
(2) "Electrical corporation" refers to an
electrical corporation as defined in section 386.020, RSMo;
(3) "Gas corporation" refers to a gas
corporation as defined in section 386.020, RSMo;
(4) "Heat-related utility service" refers to
service provided by a gas corporation or an electrical
corporation which is necessary to the proper function and
operation of the space-heating equipment in a dwelling;
(5) "Master-metered multitenant dwelling"
refers to a residential dwelling containing two or more separate
residential units, where heat-related utility services are
measured by a common meter in a single building, or heat-related
utility services are measured by individual meters with the
owner responsible for payment for such utility services; and
(6) "Owner" refers to the record owner or
owners of the premises, an assignee of rents, lessee, agent, or
any other person responsible for payment for heat-related
utility service provided to the premises.
3. Upon a delinquency at a master-metered multitenant
dwelling which receives heat-related utility service from a gas
corporation or electrical corporation, the gas corporation or
electrical corporation or any tenant of the master-metered
multitenant building may petition the associate circuit court of
the county in which the dwelling is located for the appointment of
a receiver of rents for use and occupancy of the affected
dwelling. If the petition is filed by any tenant, such tenant
shall immediately advise the gas corporation or electrical
corporation in writing of the filing of such petition. Upon the
filing of a petition in an associate circuit court stating that
the heat-related utility service to a master-metered multitenant
dwelling is delinquent, the court shall act as follows:
(1) Within two days of the filing of the petition, the court
shall issue an order to show cause why a receiver should not be
appointed, which order shall be served upon the owner and upon
the gas corporation or electrical corporation involved in the
delinquency in a manner reasonably calculated to give notice of
the initiation of the receivership procedure;
4. Gas corporations and electrical corporations shall not
terminate heat-related utility service to a master-metered
multitenant dwelling due to nonpayment for utility service if a
petition for a receivership related to its service filed pursuant
to this section is before an associate circuit court and, if the
petition has been filed by a tenant, the gas corporation or
electrical corporation has received at least twenty-four hours
prior written notice of the filing of such petition, or if a
receivership related to its service is in existence pursuant to
(2) Within four days after the issuance of the order to
show cause, the court shall hold a hearing and issue an order
granting or denying the petition;
(3) Upon a finding that a delinquency exists, and that
the rentals at the master-metered multitenant dwelling are
likely to be sufficient to cover the items specified in
paragraphs (a) and (b) of subdivision (4) of subsection 5 of
this section, the court shall appoint a receiver in accordance
with sections 515.240 to 515.260, RSMo, who shall be a person at
least twenty-one years of age and who shall not be the owner of
the dwelling which is the subject of the petition for
5. Upon appointment of a receiver pursuant to this section,
the receiver shall:
(1) Notify the tenants of the master-metered multitenant
dwelling, by posting written notices in common areas of the
dwelling, of the following information:
6. The owner of a master-metered multitenant dwelling for
which a receiver has been appointed under this section shall be
liable to the receiver for all reasonable costs incurred by the
receiver, as determined by the court to be due the receiver.
(a) The fact that the court has appointed a receiver;
(2) Provide written notice to the gas corporation or
electrical corporation which provides the service involved in
the receivership of the following information:
(b) The identity and address of the receiver;
(c) The means by which the receiver can be contacted;
(d) The manner by which rental payments shall be made;
(a) The fact that the court has appointed a receiver;
(3) Diligently seek to collect all rents or payments for use
or occupancy of the master-metered multitenant dwelling from the
tenants of the dwelling subject to the receivership;
(b) The identity and address of the receiver; and
(c) The means by which the receiver can be contacted;
(4) Promptly disburse proceeds from the receivership
according to the following priority:
(a) First, the receiver shall pay all reasonable costs of
the receivership as approved by the court;
(b) Second, the receiver shall pay for the heat-related
utility service or services provided on or after the creation
of the receivership;
(c) Third, amounts remaining after consideration of
paragraphs (a) and (b) of this subdivision shall be utilized
to reimburse the petitioner(s) for receivership for reasonable
attorneys' fees and other reasonable costs and expenses
incurred by such petitioner(s);
(d) Fourth, if any amount is owed by the owner for the
heat-related utility service or services related to the
creation of the receivership for service provided prior to the
creation of the receivership, then one-half of any amount
remaining after the payment of amounts under paragraphs (a),
(b), and (c) of this subdivision shall be paid toward such
(e) Fifth, amounts remaining after compliance with
paragraphs (a), (b), (c), and (d) of this subdivision shall be
paid to the owner.
7. A receivership established under this section shall be
terminated if any of the following circumstances occur:
(1) During any three-month period the proceeds paid from the
receivership do not cover the items described in paragraphs (a)
and (b) of subdivision (4) of subsection 5 of this section for
the most similar corresponding three-month period;
8. A gas corporation or electrical corporation that provides
heat-related utility service which is the cause of a receivership
created under this section, or the owner of the master-metered
multitenant dwelling * which is subject to such receivership, may,
at any time:
(2) The gas corporation or electrical corporation, at a
hearing, shows that the reasonably expected proceeds from a
receivership will not cover the reasonably expected costs of the
receivership plus the reasonably expected costs of continuing to
provide heat-related utility service;
(3) Less than seventy-five percent of the tenants pay
their rents for two consecutive rent payment periods; or
(4) All outstanding amounts owed the gas corporation or
electrical corporation have been paid. Upon the occurrence of
the termination of a receivership pursuant to this subsection,
the receiver shall make a complete accounting to the court,
including a written statement of the reason for the termination
of the receivership.
(1) Petition the court for termination of the receivership
on the grounds that the reasonably expected proceeds of the
receivership will not cover the reasonably expected costs of the
receivership plus the reasonably expected cost of continuing to
provide heat-related utility service; or
9. Any owner who collects, or attempts to collect, any rent or
payment for use or occupancy from any tenant of a master-metered
multitenant dwelling which is subject to an order appointing a
receiver pursuant to this section shall be found, after due notice
and hearing, to be in contempt of court.
(2) Petition the court for a change of receiver due to
the failure of the existing receiver to promptly pay petitioner
appropriate amounts or for failing to properly carry out other
required duties. A gas corporation or electrical corporation
that provides such heat-related utility service may also
petition the court for termination of the receivership on any of
the grounds set forth in subsection 7 of this section. The court
shall hold a hearing and render a decision on any petition filed
under this subsection within thirty days of the receipt of the
petition and shall provide reasonable written notice of such a
hearing by mailing notice of the hearing at least six days prior
to the hearing to any gas corporation, electrical corporation,
owner and tenant involved in the receivership or by any other
method designed to provide written notice to such persons and
corporations at least four days prior to the hearing.
10. Except for the limitations on termination of service
expressly stated in subsection 4 of this section, this section
shall in no way limit the rights of gas corporations and
electrical corporations to recover amounts lawfully owed to them.
Title 29, Chap. 441, §441.650.
Any of the following parties shall have standing to bring a
civil action pursuant to
sections 441.710 to 441.880:
(1) A landlord; or
(2) A prosecuting attorney of the jurisdiction in which the
leased property is located. Title 29, Chap. 441, §441.710.
Expedited eviction actions, where filed, when continued or
1. Actions pursuant to sections 441.710 to 441.880 shall be
filed in the associate circuit court for the county in which the
premises are located. Upon filing of a verified petition alleging
the conduct described in section 441.740, the court shall issue a
summons directed to the defendant. The provisions of sections
535.030 and 535.110, RSMo, shall apply to actions brought pursuant
to sections 441.710 to 441.880. The court shall set for hearing a
cause of action brought pursuant to sections 441.710 to 441.880 as
soon as practicable but in no event shall such hearing be held
later than fifteen days following the service of the summons.
Failure to prosecute claim, court may substitute other
2. The court shall, subject to the provisions of section
441.880, neither continue or stay an action brought pursuant to
the provisions of sections 441.710 to 441.880 except for
compelling and extraordinary reasons. Title 29, Chap. 441,
If the court finds that those parties with standing pursuant to
section 441.710 have failed to either initiate or pursue a matter
with reasonable diligence, then the court may substitute as a
plaintiff any party that both consents to the appointment and that
meets the definition of an interested party. Substitution may only
be had after giving to the parties, if the action has been filed, or
to the landlord and the defendant if the action has not been filed,
reasonable notice and opportunity to be heard by the court on the
proposed substitution. As used in sections 441.710 to 441.880, an
"interested party" is defined as any incorporated,
not-for-profit neighborhood association or community-based
organization which represents the well-being and interests of the
community where the leased property is located. Title 29,
Chap. 441, §441.730.
Immediate eviction ordered, when--immediate removal
1. The court shall, subject to the provisions of sections
441.750 and 441.880, order the immediate eviction of a tenant as
set forth in section 441.770, or issue an order pursuant to
section 441.830, if it finds any of the following:
Immediate eviction, not granted when--tenant's burden of
(1) An emergency situation where dispossession of the tenant
by other, less expeditious legal means would, because of the
passage of time, imminently cause with a reasonable certainty
either of the following:
2. The court shall, subject to the provisions of section
441.880, order the immediate removal of any person who engages in
criminal activity described in this section on or in the immediate
vicinity of the leased property. Persons removed from the leased
premises pursuant to this section shall be immediately barred from
entering onto or remaining on any portion of the leased property.
Title 29, Chap. 441, §441.740.
(a) Physical injury to other tenants or the lessor; or
(2) Drug-related criminal activity has occurred on or within
the property leased to the tenant;
(b) Physical damage to lessor's property and the
reasonable cost to repair such damage exceeds an amount equal
to twelve months of rent; for the purposes of this paragraph,
the term "rent" shall include the amount owed by the
tenant along with any subsidy owed from any third party; No
action shall be taken under this subdivision unless the lessor
first makes a reasonable attempt to abate the emergency
situation through public law enforcement authorities or local
mental health services personnel authorized to take action
pursuant to section 632.300, RSMo, et seq., as appropriate.
(3) The property leased to the tenant was used in any way
to further, promote, aid or assist in drug-related criminal
(4) The tenant, a member of the tenant's household or a
guest has engaged in drug-related criminal activity either
within, on or in the immediate vicinity of the leased property;
(5) The tenant has given permission to or invited a
person to enter onto or remain on any portion of the leased
property, and the tenant did so knowing that the person had been
removed or barred from the leased property pursuant to the
provisions of sections 441.710 to 441.880; or
(6) The tenant has failed to promptly notify the
plaintiff that a person whom the plaintiff previously had
removed from the property leased by the tenant, with the
knowledge of the tenant, has returned to, entered onto or
remained on the property leased by the tenant.
1. The court shall not order the eviction of a tenant under
section 441.740 if the tenant establishes that he or she in no way
furthered, promoted, aided or assisted in activity described in
section 441.740, and that the tenant did not know or have reason
to know that such activity was occurring on or within the
property, or the tenant was unable to take action to prevent the
activity because of verbal or physical coercion by the person
conducting the activity.
Immediate removal of parties other than tenant, when.
2. Actions filed pursuant to sections 441.710 to 441.880
against a tenant, where the criminal activity described in section
441.740 is alleged to have been conducted by a person other than a
tenant, may be filed following at least five days' written notice
to the tenant specifying the provisions of this section and the
conduct alleged in the petition, provided the tenant then fails to
take at least one of the following measures against the person
alleged to be conducting such activity and delivers written proof
of same to the plaintiff:
(1) The tenant seeks a protective order, restraining order,
order to vacate the premises, or other similar relief which
would apply to such activity; or
(2) The tenant reports the activity to a law enforcement
agency or the county or prosecuting attorney in an effort to
initiate a criminal action against the person conducting the
activity. Title 29, Chap. 441, §441.750.
If the plaintiff has met its burden of proof for a complete
eviction but the tenant successfully pleads an affirmative defense
to the eviction pursuant to section 441.750, then the court shall
not terminate the tenancy but shall order the immediate removal of
any person who the court finds conducted the drug-related activity
which was the subject of the eviction proceeding. Title 29,
Chap. 441, §441.760.
Court-ordered eviction, when--court-ordered removal of
third party from leased premises, when--expedited eviction
order--stay of execution of eviction order, when.
1. If the grounds for an eviction have been established
pursuant to subsection 1 of section 441.740, the court shall order
that the tenant be evicted from the leased property.
2. If the grounds for a removal have been established
pursuant to subsection 2 of section 441.740, the court shall order
that those persons found to be engaging in the criminal activity
described therein be immediately removed and barred from the
leased property, but the court shall not order the tenancy be
3. The court may order the expedited execution of an
eviction or removal order by requiring the order's enforcement by
the appropriate agency within a specified number of days after
4. The court may stay execution of an eviction or removal
order for a reasonable length of time if the moving party
establishes by clear and convincing evidence that immediate
removal or eviction would pose a serious danger to the party and
that this danger outweighs the safety, health and well-being of
the surrounding community and of the plaintiff. Title 29,
Chap. 441, §441.770.
Notice not required in certain eviction actions, when.
Not with standing any other provision of law concerning the
procedures otherwise used in eviction proceedings, it shall not be
necessary, except as provided in section 441.750, to provide notice
to the tenant to vacate the premises prior to filing a cause of
action pursuant to sections 441.710 to 441.880. Title 29,
Chap. 441, §441.780.
Certain evidence admissible in certain eviction-related
Relevant evidence obtained in good faith by a law enforcement
officer or agency shall be admissible in a civil action brought
pursuant to sections 441.710 to 441.880. This provision operates
even though the cause of action may have been brought or is being
prosecuted by a law enforcement agency. Title 29, Chap. 441,
Criminal prosecution unnecessary for certain eviction
proceedings to begin in--drug-related criminal conviction, effect on
1. A civil action brought pursuant to sections 441.710 to
441.880 shall not be precluded even though a criminal prosecution
involving the drug-related activity has not been commenced, will
not be commenced, has not been concluded or has been concluded
without a judgment of conviction.
Discovery in certain eviction proceedings.
2. If a criminal prosecution involving the drug-related
criminal activity results in a criminal conviction the conviction
shall collaterally estop the convicted defendant from challenging
the essential allegations of the criminal offense in any
subsequent civil proceeding brought pursuant to sections 441.710
to 441.880. Title 29, Chap. 441, §441.800.
The plaintiff shall provide to all defendants a reasonable
opportunity, prior to the hearing, to examine all documents or
records that are within the plaintiff's possession and which are
relevant to the pending action. The court may allow further
discovery if further discovery would not unduly delay the action and
would ensure fair disposition of the action. Title 29, Chap.
Protection orders for witnesses in certain eviction
The court may issue orders to protect persons that may be called
as witnesses in a civil action brought pursuant to sections 441.710
to 441.880. An order may issue upon a showing that the witness has
been threatened, intimidated or otherwise has reason to fear for
their safety if they are called as a witness in the cause of action.
Protective orders issued pursuant to sections 441.710 to 441.880 may
include, but are not limited to, the nondisclosure of names,
addresses or the in camera examination of witnesses. Title 29,
Chap. 441, §441.820.
Court authorized to grant preliminary relief to parties in
Pursuant to section 441.740, the court may issue restraining
orders or grant whatever preliminary relief is necessary to either
prevent the commission of drug-related criminal activity on or in
the immediate vicinity of the leased premises, or to protect the
rights and interests of the parties or those residing in the
immediate vicinity of where the premises are located. Title
29, Chap. 441, §441.830.
Rent to continue accruing during certain eviction
A landlord shall be entitled to collect rent due and owing from
the tenant during the pendency of a civil action brought pursuant to
sections 441.710 to 441.880. Title 29, Chap. 441, §441.840.
Certain parties entitled to attorney's fees in certain
An interested party or prosecuting attorney that prevails in an
action brought pursuant to sections 441.710 to 441.880 shall be
entitled to recover from the landlord the reasonable costs of
prosecuting the suit, including but not limited to reasonable
attorney's fees, if the landlord failed to take reasonable
corrective action within thirty days after having received a written
request to do so by the prevailing plaintiff. Title 29, Chap.
The remedies authorized by sections 441.710 to 441.880 shall be
cumulative with each other and shall be in addition to, not in lieu
of, any other remedies available at law or in equity. Title
29, Chap. 441, §441.860.
Immunity from civil liability in certain eviction
proceedings, granted when.
Any person or organization that institutes or participates in an
action brought pursuant to sections 441.710 to 441.880 shall be
immune from civil liability for actions performed in good faith and
in the furtherance of the cause of action. Title 29, Chap. 441, §441.870.
Stay of execution of eviction order, when--notification of
interested parties--probationary tenancy, failure to comply results
in removal of stay of execution--prior conduct
actionable--compliance with probationary tenancy can result in
dismissal of cause of action.
1. Upon application of a person subject to removal or
eviction, the court shall stay execution of an order for removal
or eviction if the movant establishes and the court finds all of
(1) The person is a drug user and drug dependent, and will
promptly enter a court-approved drug treatment program, or the
tenant did not aid or assist in the drug-related criminal
2. The plaintiff, or any interested party who submits a
written request to the court to be notified of an application for
a stay of execution, shall be provided reasonable notice of, and
an opportunity to be heard at, all hearings relating to a stay of
execution sought pursuant to this section.
(2) The activity which is the subject of the action did
not occur within one thousand feet of a school or did not
involve the sale or distribution of drugs to minors;
(3) A weapon or firearm was not used or possessed in
connection with the activity that is the subject of the action;
(4) The court has not or will not issue a protective
order pursuant to section 441.820;
(5) The movant has not previously received a stay of
execution for cause brought pursuant to sections 441.710 to
(6) The stay of execution will not endanger the safety,
health or well-being of the surrounding community or the
3. If the court stays execution of a removal or eviction
order pursuant to subsection 1 of this section, then the court
shall place the movant on probationary tenancy. The period of
probationary tenancy shall last either six months or for the
duration of the lease agreement between the landlord and the
tenant, whichever is shorter. The court may impose or modify such
terms and conditions of probationary tenancy as are necessary to
further the purposes of sections 441.710 to 441.880 or to protect
the safety, health or well-being of the surrounding community or
the parties. If a defendant is determined by the court to be a
drug user and drug dependent, the terms and conditions of
probationary tenancy may include, but are not limited to, the
periodic drug testing of the defendant, a program of reasonable
community service and prompt entry into and participation in a
court-approved drug treatment program.
4. Following a motion by the plaintiff alleging defendant's
noncompliance with the terms and conditions of probationary
tenancy, and a five-day written notice served on the defendant
specifying the time and place of the hearing and the particulars
of the alleged noncompliance, the court may conduct a hearing on
the motion. If the defendant is found by the court to have
materially failed to comply with any terms or conditions of
probationary tenancy, then the court shall immediately rescind the
stay of execution. Any hearing held pursuant to this section shall
be expedited and shall be held within five days of the court
certification of service of the written notice on the defendant.
5. Nothing in sections 441.710 to 441.880 shall impair the
right of a party to seek the eviction or removal of a tenant or
person for conduct occurring subsequent to the events giving rise
to the initial cause of action, and sections 441.710 to 441.880
shall not impair the right of a landlord to refuse to extend or
renew a lease or tenancy pursuant to existing law.
6. Following a motion by the defendant alleging that the
defendant has substantially complied with the terms and conditions
of probation and that the defendant no longer poses a risk to the
safety, health or well- being of the surrounding community or
parties, and a five-day written notice served on the plaintiff
specifying the time and place of the hearing and the particulars
of the motion, the court may conduct a hearing on the motion. Upon
finding sufficient evidence to support the motion, the court shall
discharge the order of eviction or removal and shall dismiss the
cause of action. The order of eviction or removal shall
automatically be deemed discharged and the cause of action
automatically deemed dismissed upon expiration of the term of
probationary tenancy. Title 29, Chap. 441, §441.880.
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