Missouri Statute | Act | Code |Ownership And Conveyance Of Property| US Code - US Statute

Except as otherwise provided, when used in chapter 534, RSMo,
chapter 535, RSMo, or this chapter, the following terms mean:

(1) "Lease", a written or oral agreement for the use or possession of
premises;

(2) "Lessee", any person who leases premises from another, and any person
residing on the premises with the lessee's permission;

(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. (L. 1997 H.B. 361)

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 be maintained 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. (RSMo 1939 § 3014)

Prior revisions: 1929 § 2627; 1919 § 6921; 1909 § 7924

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. (RSMo 1939 § 4689, A.L. 1997
H.B. 361)

Prior revisions: 1929 § 4299; 1919 § 3549; 1909 § 4762

(1956) Evidence held insufficient to support verdict for forfeiture of
lease because of gambling on premises. Blair v. Hamilton (A.), 297 S.W.2d
14.

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. (RSMo 1939 § 2967)

Prior revisions: 1929 § 2581; 1919 § 6877; 1909 § 7880

CROSS REFERENCES: Assignment of leases to be in writing, RSMo 432.060
Damages for waste, RSMo 537.420, 537.450, 537.460 Receivership in case of
waste pending suit, RSMo 537.500

(1975) Held that by implication long term tenants can transfer their
interest. Crestwood Plaza, Inc. v. Kroger Co. (A.), 520 S.W.2d 93.

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. (RSMo 1939 § 2968, A.L. 1997 H.B.
361)

Prior revisions: 1929 § 2582; 1919 § 6878; 1909 § 7881

(1956) This section has no application to a three-year lease. Waring v.
Rogers (A.), 286 S.W.2d 374.

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;

(2) Entering into agreements with private persons which regulate the
amount of rent charged for subsidized rental properties; or

(3) Enacting ordinances or resolutions restricting rent for properties
assisted with community development block grant funds. (L. 1989 H.B. 602
§ 2)

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. (RSMo 1939 § 2969)

Prior revisions: 1929 § 2583; 1919 § 6879; 1909 § 7882

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.

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 premises.

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.

4. (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.

(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.

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.

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. (RSMo 1939 § 2971, A.L.
1951 p. 747, A.L. 1997 H.B. 361)

Prior revisions: 1929 § 2584; 1919 § 6880; 1909 § 7883

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.

(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.

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;

(2) The rent is due and has been unpaid for thirty days; and

(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 address)"; and

(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. (L. 1997 H.B. 361)

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. (RSMo 1939 § 2972)

Prior revisions: 1929 § 2585; 1919 § 6881; 1909 § 7884

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.
(RSMo 1939 § 2966)

Prior revisions: 1929 § 2580; 1919 § 6876; 1909 § 7879

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. (RSMo 1939 § 2963)

Prior revisions: 1929 § 2577; 1919 § 6873; 1909 § 7876

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. (RSMo 1939 § 2964)

Prior revisions: 1929 § 2578; 1919 § 6874; 1909 § 7877

Such double rent shall be recovered in the same manner, at the
same time, that the single rent is recoverable. (RSMo 1939 § 2965)

Prior revisions: 1929 § 2579; 1919 § 6875; 1909 § 7878

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 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. (RSMo
1939 § 2970)

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 27.

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. (RSMo 1939 § 2989, A.L. 1997 H.B. 361)

Prior revisions: 1929 § 2602; 1919 § 6896; 1909 § 7899

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. (RSMo 1939 § 3015, A.L. 1997 H.B. 361)

Prior revisions: 1929 § 2625; 1919 § 6922; 1909 § 7925

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

(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. (RSMo 1939 §
2973)

Prior revisions: 1929 § 2586; 1919 § 6882; 1909 § 7885

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, may
recover:

(1) If such tenant for life die on the day, the whole rent;

(2) If he die before the day, such proportion of the rent as shall have
accrued before his death. (RSMo 1939 § 2959)

Prior revisions: 1929 § 2573; 1919 § 6869; 1909 § 7871

CROSS REFERENCE: Unlawful detainer action, cause survives on death of
lessor, RSMo 534.270

(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.

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. (RSMo 1939 § 2962)

Prior revisions: 1929 § 2576; 1919 § 6872; 1909 § 7875

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. (RSMo 1939 § 2960)

Prior revisions: 1929 § 2574; 1919 § 6870; 1909 § 7872

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. (RSMo 1939 § 2961)

Prior revisions: 1929 § 2575; 1919 § 6871; 1909 § 7874

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. (RSMo 1939 § 2974)

Prior revisions: 1929 § 2587; 1919 § 6883; 1909 § 7886

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. (RSMo 1939 § 2975)

Prior revisions: 1929 § 2588; 1919 § 6884; 1909 § 7887

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. (RSMo 1939 § 2990)

Prior revisions: 1929 § 2603; 1919 § 6897; 1909 § 7900

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. (RSMo 1939 §
2991)

Prior revisions: 1929 § 2604; 1919 § 6898; 1909 § 7901

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.

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. (L. 1997 H.B. 361 § 441.223)

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.

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. (L. 1997 H.B.
361)

In the event that any premises to be rented, leased, sold,
transferred or conveyed is or was used as a site for methamphetamine
production, the owner, seller, landlord or other transferor shall
disclose in writing to the prospective lessee, purchaser or transferee
the fact that methamphetamine was produced on the premises, provided that
the owner, seller, landlord or other transferor has knowledge of such
prior methamphetamine production. The owner shall disclose any prior
knowledge of methamphetamine production, regardless of whether the
persons involved in the production were convicted for such production.
(L. 2001 H.B. 471)

*This section was enacted by both H.B. 471 and S.B. 89 & 37 during the
1st Regular Session of the Ninety-first General Assembly, 2001. Due to
possible conflict, both versions are printed here.

1. In the event that any premises to be leased by a landlord is
or was used as a site for methamphetamine production, the landlord shall
disclose in writing to the tenant the fact that methamphetamine was
produced on the premises, provided that the landlord had knowledge of
such prior methamphetamine production. The landlord shall disclose any
prior knowledge of methamphetamine production, regardless of whether the
persons involved in the production were convicted for such production.

2. A landlord shall disclose in writing the fact that any premises to be
leased by the landlord either was the place of residence of a person
convicted of any of the following crimes, or was the storage site or
laboratory for any of the substances for which a person was convicted of
any of the following crimes, provided that the landlord knew or should
have known of such convictions:

(1) Creation of a controlled substance in violation of section 195.420,
RSMo;

(2) Possession of ephedrine with intent to manufacture methamphetamine in
violation of section 195.246, RSMo;

(3) Unlawful use of drug paraphernalia with the intent to manufacture
methamphetamine in violation of subsection 2 of section 195.233, RSMo;

(4) Endangering the welfare of a child by any of the means described in
subdivision (4) or (5) of subsection 1 of section 568.045, RSMo; or

(5) Any other crime related to methamphetamine, its salts, optical
isomers and salts of its optical isomers either in chapter 195, RSMo, or
in any other provision of law. (L. 2001 S.B. 89 & 37)

*This section was enacted by both H.B. 471 and S.B. 89 & 37 during the
1st Regular Session of the Ninety-first General Assembly, 2001. Due to
possible conflict, both versions are printed here.

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) When he is removing his property from the leased or rented premises;

(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 same.

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. (RSMo
1939 § 2986, A.L. 1945 p. 1107)

Prior revisions: 1929 § 2599; 1919 § 6893; 1909 § 7896

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 on all attachments issued under this chapter shall
be the same as provided by law in case of suits by attachment. (RSMo 1939
§ 2987)

Prior revisions: 1929 § 2600; 1919 § 6894; 1909 § 7897

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. (RSMo 1939 § 2988)

Prior revisions: 1929 § 2601; 1919 § 6895; 1909 § 7898

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. (RSMo 1939 § 2992)

Prior revisions: 1929 § 2605; 1919 § 6899; 1909 § 7902

CROSS REFERENCE: Exemptions from execution, Chap. 513, RSMo

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. (RSMo 1939 § 2976)

Prior revisions: 1929 § 2589; 1919 § 6885; 1909 § 7888

(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.).

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. (RSMo 1939
§ 2977)

Prior revision: 1929 § 2590

(1968) Section 441.300, RSMo, does not prescribe an exclusive method of
enforcement of the lien created by this section. Oliver v. Fisher (A.),
430 S.W.2d 611.

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. (RSMo 1939 § 2978)

Prior revision: 1929 § 2591

(1968) This section does not prescribe an exclusive method of enforcement
of the lien created by section 441.290. Oliver v. Fisher (A.), 430 S.W.2d
611.

As used in sections 441.500 to 441.643, the following terms mean:

(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 structure;

(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 residential buildings;

(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 unincorporated area;

(10) "Municipality", any incorporated city, town, or village;

(11) "Neighborhood association", any group of persons organized for the
sole purpose of improvement of a particular geographic area having
specific boundaries within a municipality, provided that such association
is recognized by the municipality as the sole association for such
purpose within such geographic area;

(12) "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 housing code;

(13) "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;

(14) "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;

(15) "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;

(16) "Person", any individual, corporation, association, partnership, or
other entity. (L. 1969 p. 537 § 1, A.L. 1992 H.B. 1434 & 1490, A.L. 1993
S.B. 376, A.L. 1998 H.B. 977 & 1608, A.L. 2001 H.B. 133)

1. If any building or dwelling is found to be in violation of
building or housing codes which the county, municipality, local housing
corporation or neighborhood association in the exercise of reasonable
discretion believes constitutes a threat to the public health, safety or
welfare, and alleges the nature of such threat in its petition, the
county, municipality, local housing corporation or neighborhood
association, 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.

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, municipality, local housing corporation or neighborhood
association 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;

(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, municipality, local housing corporation or neighborhood
association 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 interested party.

3. A county, municipality, local housing corporation or neighborhood
association 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.

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 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 parties.

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 the abatement.

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. (L. 1969 p. 537 § 2, A.L. 1978 H.B. 1634, A.L. 1993 S.B.
376, A.L. 1998 H.B. 977 & 1608, A.L. 2001 H.B. 133)

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, municipality, local housing corporation or neighborhood
association.

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

(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.

3. Any owner of the dwelling who is not a party defendant may be
permitted by the court to join as a party defendant.

4. (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.

(2) If a landlord of residential property is not a resident of this state
or is a corporation, the landlord shall 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
or her 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.

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. (L. 1969 p. 537 § 3, A.L. 1971 H.B. 205, A.L. 1995 H.B. 383,
A.L. 1998 H.B. 977 & 1608, A.L. 2001 H.B. 133)

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 a part;

(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. (L.
1969 p. 537 § 4, A.L. 1998 H.B. 977 & 1608)

Trial shall be by the court without a jury. (L. 1969 p. 537 § 5)

In any application for receivership brought pursuant to sections
441.500 to 441.643, the county, municipality, local housing corporation
or neighborhood association 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. (L. 1969 p. 537 § 6, A.L. 1971 S.B. 163, A.L.
1998 H.B. 977 & 1608, A.L. 2001 H.B. 133)

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. (L. 1969 p. 537 § 7)

The court may, after hearing and finding the dwelling unit or
building constitutes a nuisance:

(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

(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. (L. 1969 p. 537 § 8, A.L. 1998 H.B. 977 &
1608)

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. (L. 1969 p. 537 § 9, A.L. 1998 H.B. 977 & 1608)

1. The court may, in any order entered pursuant to section
441.570:

(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) 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 or, if no local housing
corporation exists for such area, then the local neighborhood
association, 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;
provided that, if no local housing corporation exists for such area, then
the local neighborhood association shall be given such right of first
refusal; 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 or, if no
local housing corporation exists for such area, then the local
neighborhood association, 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; provided that, if no local housing corporation exists
for such area, then the local neighborhood association shall be given
such right of first refusal.

2. The court may allow a receiver reasonable and necessary expenses,
payable from the rent moneys.

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 assessments.

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 borrow money
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 August
28, 2001. (L. 1969 p. 537 § 10, A.L. 1993 S.B. 376, A.L. 1998 H.B. 977 &
1608, A.L. 2001 H.B. 133)

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. (L. 1969 p. 537 § 11, A.L. 1993
S.B. 376)

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. (L. 1969 p. 537 § 12, A.L. 1998 H.B. 977
& 1608)

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 reasonable
care:

(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;

(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 community;

(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. (L. 1969 p. 537 § 14, A.L. 1998 H.B. 977 &
1608)

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. (L. 1992 H.B. 1434 & 1490 § 1, A.L. 1998 H.B.
977 & 1608)

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. (L. 1998 H.B. 977 & 1608)

1. For purposes of this section:

(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) "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.

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.

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;

(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 receivership.

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 this
section.

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:

(a) The fact that the court has appointed a receiver;

(b) The identity and address of the receiver;

(c) The means by which the receiver can be contacted; and

(d) The manner by which rental payments shall be made;

(2) Provide written notice to the gas corporation or electrical
corporation which provides the service involved in the receivership of
the following information:

(a) The fact that the court has appointed a receiver;

(b) The identity and address of the receiver; and

(c) The means by which the receiver can be contacted;

(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;

(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 amounts; and

(e) Fifth, amounts remaining after compliance with paragraphs (a), (b),
(c), and (d) of this subdivision shall be paid to the owner.

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.

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;

(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.

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:

(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

(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.

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.

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. (L. 1985 S.B. 294 § 1)

*Word "for" appears here in original rolls.

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. (L. 1997 H.B. 361)

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.

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. (L.
1997 H.B. 361)

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. (L. 1997
H.B. 361)

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:

(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:

(a) Physical injury to other tenants or the lessor; or

(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.

(2) Drug-related criminal activity has occurred on or within the property
leased to the tenant;

(3) The property leased to the tenant was used in any way to further,
promote, aid or assist in drug-related criminal activity;

(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.

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. (L. 1997 H.B. 361)

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.

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. (L. 1997 H.B. 361)

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. (L. 1997 H.B. 361)

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 terminated.

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 final judgment.

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.
(L. 1997 H.B. 361)

Notwithstanding 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. (L. 1997 H.B. 361)

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. (L. 1997 H.B. 361)

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.

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. (L. 1997 H.B. 361)

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. (L. 1997 H.B. 361)

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. (L. 1997 H.B. 361)

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. (L. 1997 H.B. 361)

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. (L. 1997 H.B. 361)

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. (L. 1997 H.B. 361)

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. (L. 1997 H.B. 361)

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. (L. 1997 H.B. 361)

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 the following:

(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 activity;

(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 441.880; and

(6) The stay of execution will not endanger the safety, health or
well-being of the surrounding community or the plaintiff.

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.

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. (L.
1997 H.B. 361)

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