TITLE XXXVI
STATUTORY ACTIONS AND
TORTS
Chapter 535
Landlord-Tenant Actions
If rent be not paid as agreed, landlord may recover
possession, how.
In all cases in which lands and tenements are or shall be rented
or leased, and default shall be made in the payment of the rents at
the time or times agreed upon by the parties, it shall be lawful for
the landlord to dispossess the tenant and all subtenants and recover
possession of the premises rented or leased, in the manner herein
provided. Title 36, Chap. 535, §535.010.
Procedure to recover possession--filing of
statement--issuance of summons--procedure.
Whenever any rent has become due and payable, and payment has
been demanded by the landlord or the landlord's agent from the
lessee or person occupying the premises, and payment thereof has not
been made, the landlord or agent may file a statement, verified by
affidavit, with any associate circuit judge in the county in which
the property is situated, setting forth the terms on which such
property was rented, and the amount of rent actually due to such
landlord; that the rent has been demanded from the tenant, lessee or
person occupying the premises, and that payment has not been made,
and substantially describing the property rented or leased. In such
case, the clerk of the court shall immediately issue a summons
directed to such
tenant or lessee and to all persons occupying the premises, by
name, requiring them to appear before the judge upon a day to be
therein named, and show cause why possession of the property should
not be restored to the plaintiff. The landlord or agent may, in such
an action for unpaid rent, join a claim for any other unpaid sums,
other than property damages, regardless of how denominated or
defined in the lease, to be paid by or on behalf of a tenant to a
landlord for any purpose set forth in the lease; provided that such
other sums shall not be considered rent for purposes of this
chapter, and judgment for the landlord for recovery of such other
sums shall not
by itself entitle the landlord to an order for recovery of
possession of the premises. The provisions of this section providing
for the filing of a statement before an associate circuit judge
shall not preclude adoption of a local circuit court rule providing
for the centralized filing of such cases, nor the assignment of such
cases to particular circuit or associate circuit judges pursuant to
local circuit court rule or action by the presiding judge of the
circuit. The case shall be heard and determined under the practice
and procedure provided in the Missouri rules of civil procedure,
except where otherwise provided by this chapter. Title 36,
Chap. 535, §535.020
Service of summons--court date included in summons.
1. Such summons shall be served as in other civil cases at
least four days before the court date in the summons. The summons
shall include a court date which shall not be more than twenty-one
business days from the date the summons is issued unless at the
time of filing the affidavit the plaintiff or plaintiff's attorney
consents in writing to a later date.
2. In addition to attempted personal service, the plaintiff
may request, and thereupon the judge, before whom the proceeding
is commenced, shall make an order directing that the officer, or
other person empowered to execute the summons, shall also serve
the same by securely affixing a copy of such summons and the
complaint in a conspicuous place on the dwelling of the premises
in question at least ten days before the court date in such
summons, and by also mailing a copy of the summons and complaint
to the defendant at the defendant's last known address by ordinary
mail and by certified mail, return receipt requested, deliver to
addressee only, at least ten days before the court date. If the
officer, or other person empowered to execute the summons, shall
return that the defendant is not found, or that the defendant has
absconded or vacated his usual place of abode in this state, and
if proof be made by affidavit of the posting and of the mailing of
a copy of the summons and complaint, the judge shall at the
request of the plaintiff proceed to hear the case as if there had
been personal service, and judgment shall be rendered and
proceedings had as in other cases, except that no money judgment
shall be granted the plaintiff where the defendant is in default
and service is by the posting and mailing procedure set forth in
this section.
3. If the plaintiff does not request service of the
original summons by posting and mailing as provided in subsection
2 of this section, and if the officer, or other person empowered
to execute the summons, makes return that the defendant is not
found, or that the defendant has absconded or vacated the
defendant's usual place of abode in this state, the plaintiff may
request the issuance of an alias summons and service of the same
by posting and mailing in the time and manner provided in
subsection 2 of this section. In addition, the plaintiff or an
agent of the plaintiff who is at least eighteen years of age may
serve the summons by posting and mailing a copy of the summons in
the time and manner provided in subsection 2 of this section. Upon
proof by affidavit of the posting and of the mailing of a copy of
the summons or alias summons and the complaint, the judge shall
proceed to hear the case as if there had been personal service,
and judgment shall be rendered and proceedings had as in other
cases, except that no money judgment shall be granted the
plaintiff where the defendant is in default and service is by the
posting and mailing procedure provided in subsection 2 of this
section.
4. On the date judgment is rendered as provided in this
section where the defendant is in default, the court shall mail to
the defendant at the defendant's last known address by certified
mail, with a request for return receipt and with directions to
deliver to the addressee only, a notice informing the defendant of
the judgment and the date it was entered, and stating that the
defendant has ten days from the date of the judgment to file a
motion to set aside the judgment or to file an application for a
trial de novo in the circuit court, as the case may be, and that
unless the judgment is set aside or an application for a trial de
novo is filed within ten days, the judgment will become final and
the defendant will be subject to eviction from the premises
without further notice. Title 36, Chap. 535, §535.030.
Upon return of summons, cause to be heard.
Upon the return of the summons executed, the judge shall set the
case on the first available court date and shall proceed to hear the
cause, and if it shall appear that the rent which is due has been
demanded of the tenant, lessee or persons occupying the property,
and that payment has not been made, and if the payment of such rent,
with all costs, shall not be tendered before the judge, on the
hearing of the cause, the judge shall render judgment that the
landlord recover the possession of the premises so rented or leased,
and also the debt for the amount of the rent then due, with all
court costs and shall issue an execution upon such judgment,
commanding the officer to put the landlord into immediate possession
of the property leased or rented, and to make the debt and costs of
the goods and chattels of the defendant. No money judgment shall be
granted to the plaintiff if the defendant is in default and service
was by the posting procedure provided in section 535.030 unless the
defendant otherwise enters an appearance. The officer shall deliver
possession of the property to the landlord within five days from the
time of receiving the execution, and the officer shall proceed upon
the execution to collect the debt and costs, and return the writ, as
in the case of other executions. If the plaintiff so elects, the
plaintiff may sue for possession alone, without asking for recovery
of the rent due. Title 36, Chap. 535, §535.040.
Process shall not issue until expiration of lease, when.
When the property is held by a written lease containing a clause
declaring the lease forfeited for the nonpayment of rent for a
specified time, no process shall issue against the lessee or other
person occupying the premises, until the expiration of said
specified time. Title 36, Chap. 535, §535.050.
Demand of rent good, when.
Any demand of rent, or rent and possession, by a landlord or the
landlord's agent shall be deemed good within the meaning of this or
any other statute of this state, when made at any time after the
right to rent and possession accrues or the rent becomes due
according to the terms of the agreement, whether by written lease or
otherwise. Title 36, Chap. 535, §535.060.
Purchaser of leased lands may recover possession.
If any person purchases lands or tenements occupied at the time
of such purchase by any tenant, lessee or sublessee, who shall, at
any time thereafter, fail to pay rent to such purchaser, the person
purchasing such property shall have the right, upon such failure, to
commence proceedings before an associate circuit judge to recover
rent and possession, under the terms of the prior owner's lease, for
unpaid rent accruing after the transfer of title. The right to
commence proceedings pursuant to this section shall exist regardless
of whether the transfer was by private foreclosure, tax or judicial
sale, or by any other means. The provisions of chapter 441, RSMo,
and this chapter shall apply. Title 36, Chap. 535, §535.070.
Rent recovery, successor in title, notice required.
The right of a successor in title to recover rents pursuant to
section 535.070 requires adequate and timely notice to the tenant.
For the purposes of this section, "adequate and timely
notice" means that the purchaser shall notify tenants in
writing that title to the property has been transferred, the means
of the transfer and the date of the transfer and the notice shall be
attached to a copy of the deed which has been recorded. Title
36, Chap. 535, §535.081.
Complaint, contents--proof of trial.
It shall be sufficient for such person purchasing lands or
tenements to file a complaint, pursuant to section 535.070, verified
by affidavit, stating by whom the premises were leased or rented,
and the terms of such lease or renting, and how such person claims
title to the lands or tenements; and upon the trial of the cause, if
the plaintiff shows that the party in possession, or those under
whom the party in possession claims, rented or leased from a party
claiming title to the premises by deed, and that the plaintiff has
acquired the title of the original lessor or landlord, by a deed or
deeds, regularly acknowledged, the plaintiff shall be entitled to
recover possession and unpaid rent accruing after the transfer and
while the tenant was in possession. Title 36, Chap. 535, §535.090.
Change of judge and venue same as under chapter 517.
The rights to a change of venue and disqualification of a judge
in proceedings under this chapter shall be the same and shall be
exercised in the same manner as in proceedings under chapter 517,
RSMo. Title 36, Chap. 535, §535.100.
Trials de novo and appeals--defendant to furnish bond to
stay execution.
Applications for trials de novo and appeals shall be allowed and
conducted in the manner provided in chapter 512, RSMo; but no
application for a trial de novo or appeal shall stay execution
unless the defendant give bond, with security sufficient to secure
the payment of all damages, costs and rent then due, and with
condition to stay waste and to pay all subsequently accruing rent,
if any, into court within ten days after it becomes due, pending
determination of the trial de novo or appeal. Title 36, Chap.
535, §535.110.
Action brought, when.
Whenever a half year's rent or more is in arrear from a tenant,
the landlord, if he has a subsisting right by law to reenter for the
nonpayment of such rent, may bring an action to recover the
possession of the demised premises. Title 36, Chap. 535, §535.120.
Summons in such action, how served.
If the summons in such action cannot be served in the ordinary
mode provided by law, it may be served by affixing a copy of the
petition and summons on a conspicuous part of the demised premises,
where it may be conveniently read. Title 36, Chap. 535, §535.130.
Service shall stand instead of demand.
Service of the complaint and summons in such action shall be a
sufficient demand of the rent in arrear, and of a reentry on the
demised premises. Title 36, Chap. 535, §535.140.
Judgment for recovery of demised premises.
If, upon the trial of such action, it is proved, or, upon
judgment by default, it appear to the court, by affidavit, that the
plaintiff had a right to commence such action according to the
provisions of this chapter, he shall have judgment to recover the
possession of the demised premises and costs. Title 36, Chap.
535, §535.150.
Tender of rent and costs on judgment date, effect--not bar
to landlord's appeal--no stay of execution if no money judgment,
exceptions.
If the defendant, on the date any money judgment is given in any
action pursuant to this chapter, either tenders to the landlord, or
brings into the court where the suit is pending, all the rent then
in arrears, and all the costs, further proceedings in the action
shall cease and be stayed. If on any date after the date of any
original trial but before any trial de novo the defendant shall
satisfy such money judgment and pay all costs, any execution for
possession of the subject premises shall cease and be stayed; except
that the landlord shall not thereby be precluded from making
application for appeal from such money judgment. If for any reason
no money judgment
is entered against the defendant and judgment for the plaintiff
is limited only to possession of the subject premises, no stay of
execution shall be had, except as provided by the provisions of
section 535.110 or the rules of civil procedure or by agreement of
the parties. Title 36, Chap. 535, §535.160.
Lessee barred from relief, when--appeal permitted, when.
After the execution of any judgment for possession pursuant to
this chapter, the lessee and the lessee's assignees, and all other
persons deriving title under the lease from such lessee, shall be
barred from reentry of such premises and from all relief, and except
for error in the record or proceedings, the landlord shall from that
day hold the demised premises discharged from the lease. Nothing in
this section shall preclude an aggrieved party from perfecting an
appeal or securing a trial de novo as to any judgment rendered, and
may as a result of such appeal or trial de novo recover any damage
incurred, including damages incurred from an unlawful dispossession.
Title 36, Chap. 535, §535.170.
Reservation in favor of mortgagee of lease in such case.
A mortgagee of such lease, not in possession of such demised
premises, who within three months after execution of any such
judgment shall pay all rent in arrear, and all costs, and the
charges incurred by the landlord, and shall perform all the
agreements which ought to be performed by the first lessee, shall
not be affected by the recovery of the possession of the demised
premises. Title 36, Chap. 535, §535.180.
Tenant to be furnished address of person managing property
and address to receive notices and service of process--post office
box address, procedure--violation, effect.
1. The landlord of residential property or any person
authorized to enter into a rental agreement on such landlord's
behalf shall disclose to the tenant in writing at or before the
commencement of the tenancy the name and address of:
(1) The person authorized to manage the premises; and
(2) An owner of the premises or a person authorized to
act for and on behalf of the owner for the purpose of service of
process and for the purpose of receiving and receipting for
notices and demands. If such owner or authorized person has an
address which is a post office box, service of process and any
notice or demand may be made by mailing a copy of the summons,
petition, notice or demand by first-class mail, postage prepaid,
together with two copies of such summons, petition, notice or
demand pursuant to section 506.150, RSMo.
2. The information required to be furnished by this section
shall be kept current and this section extends to and is
enforceable against any successor landlord, owner, or manager.
3. A person who fails to comply with subsection 1 of this
section becomes an agent of each person who is a landlord for the
purpose of:
(1) Service of process and receiving and receipting for
notices and demands; and
(2) Performing the obligations of the landlord pursuant
to chapter 441, RSMo, or this chapter, or any other obligations
under the rental agreement and expending or making himself
available for the purposes of collecting all rent due from the
premises. Title 36, Chap. 535, §535.185
Landlord-tenant court authorized in City of St. Louis,
jurisdiction --landlord-tenant commissioners, powers and
qualifications --landlord-tenant court procedures.
1. In the twenty-second judicial circuit, upon adoption of an
ordinance by the city of St. Louis providing for expenditure of
city funds for such purpose, a majority of the circuit judges, en
banc, may establish a landlord-tenant court, which shall be a
division of the circuit court, and may authorize the appointment
of not more than two landlord- tenant court commissioners. The
landlord-tenant court commissioners shall be appointed by a
landlord-tenant court judicial commission consisting of the
presiding judge of the circuit, who shall be the chair, one
circuit judge elected by the circuit judges, one associate circuit
judge elected by the associate circuit judges of the circuit, and
two members appointed by the mayor of the city of St. Louis, each
of whom shall represent one of the two political parties casting
the highest number of votes at the next preceding gubernatorial
election. The procedures and operations of the landlord-tenant
court judicial commission shall be established by circuit court
rule.
2. Landlord-tenant commissioners may be authorized to hear
in the first instance disputes involving landlords and their
tenants. Landlord- tenant commissioners shall be authorized to
make findings of fact and conclusions of law, and to issue orders
for the payment of money, for the giving or taking of possession
of residential property and any other equitable relief necessary
to resolve disputes governed by the laws in chapters 441, 524,
534, RSMo, and this chapter. Landlord-tenant commissioners may
not, by ex parte means, hear cases and issue orders.
3. Landlord-tenant commissioners shall be licensed to
practice law in this state and shall serve at the pleasure of a
majority of the circuit and associate circuit judges, en banc, and
shall be residents of the city of St. Louis, and shall receive as
annual compensation an amount equal to one- third of the annual
compensation of an associate circuit judge. Landlord- tenant
commissioners shall not accept or handle cases in their practice
of law which are inconsistent with their duties as a
landlord-tenant commissioner and shall not be a judge or
prosecutor for any other court. Landlord-tenant commissioners
shall not be considered state employees and shall not be members
of the state employees' or judicial retirement system or be
eligible to receive any other employment benefit accorded state
employees or judges.
4. A majority of the judges of the circuit, en banc, shall
establish operating procedures for the landlord-tenant court.
Proceedings in the landlord-tenant court shall be conducted as in
cases tried before an associate circuit judge. The hearing shall
be before a landlord-tenant commissioner without jury, and the
commissioner shall assume an affirmative duty to determine the
merits of the evidence presented and the defenses of the defendant
and may question parties and witnesses. Clerks and computer
personnel shall be assigned as needed for the efficient operation
of the court.
5. The parties to a cause of action before a commissioner
of the landlord-tenant court are entitled to file with the court a
motion for a hearing in associate circuit court within ten days
after the mailing, or within ten days after service.
6. Operating procedures shall be provided for electronic
recording of proceedings at city expense. Any person aggrieved by
a judgment in a case decided under this section shall have a right
to a trial de novo in circuit court, or an appeal to the
appropriate appellate court, in the same manner as would a person
aggrieved by a decision of an associate circuit judge under
section 535.110. The procedures for perfecting the right of a
trial de novo or appeal shall be the same as that provided
pursuant to sections 512.180 to 512.320, RSMo.
7. Any summons issued for the proceedings in the
landlord-tenant court shall have a return date of ten days. The
sheriff must attempt to serve any summons within four days of the
date of issuance.
8. All costs to establish and operate a landlord-tenant
court under this section shall be borne by the city of St. Louis.
Title 36, Chap. 535, §535.200
Landlord-tenant court authorized in Jackson County,
jurisdiction --landlord-tenant commissioners, powers and
qualifications--landlord-tenant court procedures.
1. In the sixteenth judicial circuit, upon adoption of an
ordinance by Jackson County providing for expenditure of county
funds for such purpose, a majority of the circuit court judges, en
banc, may establish a landlord-tenant court, which shall be a
division of the circuit court, and may authorize the appointment
of not more than two landlord- tenant court commissioners. The
landlord-tenant court commissioners shall be appointed by a
landlord-tenant court judicial commission consisting of the
presiding judge of the circuit, who shall be the chair, one
circuit judge elected by the circuit judges, one associate circuit
judge elected by the associate circuit judges of the circuit, and
two members appointed by the county executive of Jackson County,
each of whom shall represent one of the two political parties
casting the highest number of votes at the next preceding
gubernatorial election. The procedures and operations of the
landlord-tenant court judicial commission shall be established by
circuit court rule.
2. Landlord-tenant commissioners may be authorized to hear
in the first instance disputes involving landlords and their
tenants. Landlord- tenant commissioners shall be authorized to
make findings of fact and conclusions of law, and to issue orders
for the payment of money, for the giving or taking of possession
of residential property and any other equitable relief necessary
to resolve disputes governed by the laws in chapters 441, 524,
534, RSMo, and this chapter. Landlord-tenant commissioners may
not, by ex parte means, hear cases and issue orders.
3. Landlord-tenant commissioners shall be licensed to
practice law in this state and shall serve at the pleasure of a
majority of the circuit and associate circuit judges, en banc, and
shall be residents of Jackson County, and shall receive as annual
compensation an amount equal to one- third of the annual
compensation of an associate circuit judge. Landlord- tenant
commissioners shall not accept or handle cases in their practice
of law which are inconsistent with their duties as a
landlord-tenant commissioner and shall not be a judge or
prosecutor for any other court. Landlord-tenant commissioners
shall not be considered state employees and shall not be members
of the state employees' or judicial retirement system or be
eligible to receive any other employment benefit accorded state
employees or judges.
4. A majority of the judges of the circuit court, en banc,
shall establish operating procedures for the landlord-tenant
court. Proceedings in the landlord-tenant court, shall be
conducted as in cases tried before an associate circuit judge. The
hearing shall be before a landlord-tenant commissioner without
jury, and the commissioner shall assume an affirmative duty to
determine the merits of the evidence presented and the defenses of
the defendant and may question parties and witnesses. Clerks and
computer personnel shall be assigned as needed for the efficient
operation of the court.
5. The parties to a cause of action before a commissioner
of the landlord-tenant court are entitled to file with the court a
motion for a hearing in associate circuit court within ten days
after the mailing, or within ten days after service.
6. Operating procedures shall be provided for electronic
recording of proceedings at county expense. Any person aggrieved
by a judgment in a case decided under this section shall have a
right to a trial de novo in circuit court, or an appeal to the
appropriate appellate court, in the same manner as would a person
aggrieved by a decision of an associate circuit judge under
section 535.110. The procedures for perfecting the right of a
trial de novo or appeal shall be the same as that provided
pursuant to sections 512.180 to 512.320, RSMo.
7. Any summons issued for the proceedings in the
landlord-tenant court shall have a return date of ten days from
the date of service. The sheriff must attempt to serve any summons
within four days of the date of issuance.
8. All costs to establish and operate a landlord-tenant
court under this section shall be borne by Jackson County.
Title 36, Chap. 535, §535.210.
Security deposits, limitation--return of deposit or notice of
damages, when--withholding deposit, when--tenant's right to
damages--security deposit defined.
1. A landlord may not demand or receive a security deposit in
excess of two months' rent.
2. Within thirty days after the date of termination of the
tenancy, the landlord shall:
(1) Return the full amount of the security deposit; or
(2) Furnish to the tenant a written itemized list of the
damages for which the security deposit or any portion thereof is
withheld, along with the balance of the security deposit. The
landlord shall have complied with this subsection by mailing
such statement and any payment to the last known address of the
tenant.
3. The landlord may withhold from the security deposit only
such amounts as are reasonably necessary for the following
reasons:
(1) To remedy a tenant's default in the payment of rent due
to the landlord, pursuant to the rental agreement;
(2) To restore the dwelling unit to its condition at the
commencement of the tenancy, ordinary wear and tear excepted; or
(3) To compensate the landlord for actual damages
sustained as a result of the tenant's failure to give adequate
notice to terminate the tenancy pursuant to law or the rental
agreement; provided that the landlord makes reasonable efforts
to mitigate damages.
4. The landlord shall give the tenant or his representative
reasonable notice in writing at his last known address or in
person of the date and time when the landlord will inspect the
dwelling unit following the termination of the rental agreement to
determine the amount of the security deposit to be withheld, and
the inspection shall be held at a reasonable time. The tenant
shall have the right to be present at the inspection of the
dwelling unit at the time and date scheduled by the landlord.
5. If the landlord wrongfully withholds all or any portion
of the security deposit in violation of this section, the tenant
shall recover as damages not more than twice the amount wrongfully
withheld.
6. Nothing in this section shall be construed to limit the
right of the
landlord to recover actual damages in excess of the security
deposit, or to permit a tenant to apply or deduct any portion of
the security deposit at any time in lieu of payment of rent.
7. As used in this section, the term "security
deposit" means any deposit of money or property, however
denominated, which is furnished by a tenant to a landlord to
secure the performance of any part of the rental agreement,
including damages to the dwelling unit. This term does not include
any money or property denominated as a deposit for a pet on the
premises. Title 36, Chap. 535, §535.300. 1.
Need
Help? Visit our free online discussion
forum
|