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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : STATUTORY ACTIONS AND TORTS
Chapter : Chapter 534 Forcible Entry and Unlawful Detainer
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No person shall enter upon or into any lands, tenements or other
possessions, and detain and hold the same, but when entry is given by
law, and then only in a peaceable manner. (RSMo 1939 § 2831)
Prior revisions: 1929 § 2445; 1919 § 2993; 1909 § 7655
If any person shall enter upon or into any lands, tenements or
other possessions, with force or strong hand, or with weapons, or by
breaking open the doors or windows or other parts of a house, whether any
person be in it or not, or by threatening to kill, maim or beat the party
in possession, or by such words or actions as have a natural tendency to
excite fear or apprehension of danger, or by putting out of doors or
carrying away the goods of the party in possession, or by entering
peaceably and then turning out by force, or frightening, by threats or
other circumstances of terror, the party out of possession, and detain
and hold the same--in every such case, the person so offending shall be
deemed guilty of a "forcible entry and detainer" within the meaning of
this chapter. (RSMo 1939 § 2832)
Prior revisions: 1929 § 2446; 1919 § 2994; 1909 § 7656
When any person willfully and without force holds over any
lands, tenements or other possessions, after the termination of the time
for which they were demised or let to the person, or the person under
whom such person claims; or after a mortgage or deed of trust has been
foreclosed and the person has received written notice of a foreclosure;
or when premises are occupied incident to the terms of employment and the
employee holds over after the termination of such employment; or when any
person wrongfully and without force, by disseisin, shall obtain and
continue in possession of any lands, tenements or other possessions, and
after demand made, in writing, for the delivery of such possession of the
premises by the person having the legal right to such possession, or the
person's agent or attorney, shall refuse or neglect to vacate such
possession, such person is guilty of an "unlawful detainer". (RSMo 1939 §
2833, A.L. 1997 H.B. 361)
Prior revisions: 1929 § 2447; 1919 § 2995; 1909 § 7657
Sections 534.010 to 534.030 shall extend to and comprehend terms
for years, and all estates, whether freehold or less than freehold. (RSMo
1939 § 2834)
Prior revisions: 1929 § 2448; 1919 § 2996; 1909 § 7658
The demand required by section 534.030 shall be made either by
delivering a copy of such demand to the person in possession, or by
leaving such copy with some person above the age of fifteen years,
residing on or being in charge of the premises; or, if no such person be
in the actual occupancy thereof, then by posting such copy on the
premises. When the demand shall be made by an officer authorized to serve
judicial process, his return shall be prima facie evidence of the facts
therein stated; and if such demand be made by any other person, the
return shall be sworn to by such person, and shall then be prima facie
evidence of the facts therein stated. (RSMo 1939 § 2867)
Prior revisions: 1929 § 2481; 1919 § 3029; 1909 § 7691
Forcible entries and detainers, and unlawful detainers, may be
heard and determined by any associate circuit judge of the county in
which they are committed. Neither the provisions of this section or any
other section in this chapter shall preclude adoption of a local circuit
court rule providing for the centralized filing of such cases, nor the
assignment of such cases to particular associate circuit or circuit
judges pursuant to local circuit court rule or action by the presiding
judge of the circuit. Such cases shall be heard and determined by
associate circuit judges unless a circuit judge is transferred or
assigned to hear such case or cases or unless the plaintiff pursuant to
subsection 2 of section 478.250, RSMo, has designated the case as one to
be heard under the practice and procedure applicable before circuit
judges and the case is heard by a circuit judge. If the case is heard
before an associate circuit judge who has not been specially assigned to
hear the case on the record, to the extent practice and procedure are not
provided in this chapter the practice and procedure provided in chapter
517, RSMo, shall apply. If the case is heard initially before an
associate circuit judge who has been specially assigned to hear the case
on a record or before a circuit judge, the case shall be heard and
determined under the same practice and procedure as would apply if the
case was being heard upon an application for trial de novo, and in such
instances, notwithstanding the specific references to chapter 517, RSMo,
in this chapter, the practice and procedure provided in the Missouri
Rules of Civil Procedure and the extant provisions of The Civil Code of
Missouri shall apply instead of those contained in chapter 517, RSMo.
(RSMo 1939 § 2835, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 2449; 1919 § 2997; 1909 § 7659
Effective 1-2-79
1. When complaint to the circuit court of the proper county
shall be made in writing, signed by the party aggrieved, his agent or
attorney, and sworn to, specifying the lands, tenements or other
possessions so forcibly entered and detained, or unlawfully detained, and
by whom and when done, it shall be the duty of the clerk of the court to
issue a summons directed to the sheriff or proper officer of the county,
commanding him to summon the person against whom the complaint shall have
been made to appear, at a day in such summons to be specified.
2. A court date shall be assigned at the time the summons is issued. The
court date shall be for a day certain which is not more than twenty-one
business days from the date the summons is issued unless, at the time the
case is filed, the plaintiff or plaintiff's attorney consents in writing
to a later date. (RSMo 1939 § 2836, A.L. 1945 p. 1089, A.L. 1978 H.B.
1634, A.L. 1999 H.B. 242, A.L. 2001 S.B. 267)
Prior revisions: 1929 § 2450; 1919 § 2998; 1909 § 7660
The summons shall be endorsed on or annexed to the complaint,
and may be in the following form:
The state of Missouri, to the sheriff of the county of ..........,
greeting: You are hereby commanded to summon E F, of the county of
.........., to appear before the undersigned judge within and for said
county, at .......... therein, on the .......... day of .........., at
the hour of .......... of the clock in the forenoon, then and there to
answer and defend against the complaint of G H, of forcible entry and
detainer (or of unlawful detainer, as the case may be), made by the said
E F upon the land of the said G H, as by the complaint of the said G H,
hereto annexed, will more fully appear, and have you then and there this
writ, with the return of your proceedings thereon.
Given under my hand this .......... day of .........., 19....
A B, Judge. (RSMo 1939 § 2837, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 2451; 1919 § 2999; 1909 § 7661
Effective 1-2-79
1. Such summons shall be served as in other civil cases at least
four days before the court date specified in such summons.
2. If the summons in such action cannot be served in the ordinary manner
as provided by law, it shall be the duty of the judge before whom the
proceeding is commenced, at the request of the plaintiff, to make an
order directing that notices shall be set up for ten days on the premises
in question and in one public place in the county where the defendant was
believed to dwell, informing the defendant of the commencement of the
proceedings against the defendant and to make an order directing that a
copy of the summons be delivered to the defendant at the defendant's last
known address by ordinary mail. 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 or her 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
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 where the defendant is in default no money judgment shall be granted
the plaintiff under the order of publication and ordinary mail procedure
set forth in this section. If such summons is returned executed, then the
judge shall set the case on the next available court date. (RSMo 1939 §
2838, A.L. 1945 p. 1089, A.L. 1971 H.B. 99, A.L. 1972 S.B. 482, A.L. 1978
H.B. 1634, A.L. 1997 H.B. 361, A.L. 1999 H.B. 242, A.L. 2005 S.B. 420 &
344)
Prior revisions: 1929 § 2452; 1919 § 3000; 1909 § 7662
The officer shall, on or before the trial day, return the
summons and certify thereon, or annex thereto, how he executed it. (RSMo
1939 § 2839)
Prior revisions: 1929 § 2453; 1919 § 3001; 1909 § 7663
The judge shall have power to issue subpoenas for witnesses on
the application of either party, and if the witnesses summoned do not
attend, may issue an attachment to compel their attendance, and may
continue the cause at his discretion, not exceeding ten days. (RSMo 1939
§ 2855, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 2469; 1919 § 3017; 1909 § 7679
Effective 1-2-79
If the complainant fail to attend and prosecute his suit in
person, or by agent or attorney, at the time appointed for the hearing of
the complaint, he shall be nonsuited, and the defendant shall recover his
costs. (RSMo 1939 § 2840)
Prior revisions: 1929 § 2454; 1919 § 3002; 1909 § 7664
If the defendant, being duly summoned, does not appear at the
time appointed for hearing the complaint, the judge shall proceed with
the hearing of the cause. (RSMo 1939 § 2841, A.L. 1945 p. 1089, A.L. 1978
H.B. 1634)
Prior revisions: 1929 § 2455; 1919 § 3003; 1909 § 7665
Effective 1-2-79
When both parties appear before the judge in person, or by agent
or attorney, at the time appointed for the trial of the cause, the judge
shall proceed to examine the complaint and proofs of the parties, and
judgment shall thereupon be rendered according to the finding of the
judge, as herein directed. (RSMo 1939 § 2842, A.L. 1945 p. 1089, A.L.
1978 H.B. 1634)
Prior revisions: 1929 § 2456; 1919 § 3004; 1909 § 7666
Effective 1-2-79
Either party shall have the right to a jury trial if a timely
request therefor is made as in other civil cases. (RSMo 1939 § 2843, A.L.
1945 p. 1089, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 2457; 1919 § 3005; 1909 § 7667
Effective 1-2-79
Any judge may, in open court and at any time, in furtherance of
justice and on such terms as may be proper, on motion of either party,
allow any complaint, summons, writ or other proceeding to be amended and
permit new parties as coplaintiffs or codefendants to be added and
correct a mistake in the name of either party. (RSMo 1939 § 2856, A.L.
1945 p. 1089, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 2470; 1919 § 3018; 1909 § 7680
Effective 1-2-79
Depositions may be taken to be read on trial of any such cause
in the same manner as in causes before circuit judges. (RSMo 1939 § 2857,
A.L. 1945 p. 1089, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 2471; 1919 § 3019; 1909 § 7681
Effective 1-2-79
Every such deposition taken and returned according to law may be
read if competent and relevant, as evidence in the cause in the same
manner and under the same circumstances as in the trial of civil causes
before circuit judges. (RSMo 1939 § 2858, A.L. 1945 p. 1089, A.L. 1978
H.B. 1634)
Prior revisions: 1929 § 2472; 1919 § 3020; 1909 § 7682
Effective 1-2-79
The complainant shall not be compelled to make further proof of
the forcible entry or detainer than that he was lawfully possessed of the
premises, and that the defendant unlawfully entered into and detained or
unlawfully detained the same. (RSMo 1939 § 2844, A.L. 1945 p. 1089)
Prior revisions: 1929 § 2458; 1919 § 3006; 1909 § 7668
The merits of the title shall in nowise be inquired into, on any
complaint which shall be exhibited by virtue of the provisions of this
chapter. (RSMo 1939 § 2853)
Prior revisions: 1929 § 2467; 1919 § 3015; 1909 § 7677
Evidence for proof of rights under derivative titles, provided
for by this chapter, shall be admissible in actions instituted under this
chapter. (RSMo 1939 § 2866)
Prior revisions: 1929 § 2480; 1919 § 3028; 1909 § 7690
When any forcible entry and detainer, or unlawful detainer,
shall be made upon any lands or other possessions, against the provisions
of this chapter, the person having the lawful possession, shall, against
the wrongdoer, be considered as entitled to such quantity, extent and
limits of lands as by the patent, grant, concession, deed, survey,
donation, settlement or preemption right, such person or those under whom
he claims can, by the laws of the United States or of this state, have
and lawfully claim in and to such premises. (RSMo 1939 § 2860)
Prior revisions: 1929 § 2474; 1919 § 3022; 1909 § 7684
Where no legal survey has been made of such possession, the
improvement of the person entitled to the possession shall be in the
middle of the tract as near as may be, making the survey as near in a
square as may be, not to interfere with any established survey or line,
or any conditional line agreed upon by the adjoining proprietors or
possessors. (RSMo 1939 § 2861)
Prior revisions: 1929 § 2475; 1919 § 3023; 1909 § 7685
Every person who shall have a settlement or field on public
land, who shall reside on or be in possession of the same at the time of
the forcible entry and detainer, or unlawful detainer, shall have the
same remedy as is herein provided in such cases, against any person who
shall make such unlawful entry upon him; provided, that any person having
authority from the United States, or lawfully claiming under them, shall
have power to enter into such land. (RSMo 1939 § 2859)
Prior revisions: 1929 § 2473; 1919 § 3021; 1909 § 7683
Heirs, devisees, grantees and assigns of any lands, tenements or
other real possessions, and executors and administrators in charge of
lands of deceased persons, shall be entitled to the same remedies against
persons guilty of forcible entry and detainer or unlawful detainer of
such lands, tenements or other real possessions, before the descent,
devise, grant or assignment thereof, or the granting of letters, as the
ancestor, devisor, grantor, assignor or intestate was entitled to by
virtue of this chapter. (RSMo 1939 § 2863)
Prior revisions: 1929 § 2477; 1919 § 3025; 1909 § 7687
If any lessor of any lands, tenements or other real possessions
shall die or shall grant or assign such lands or tenement or other real
possessions, before the expiration of the term for which they were
demised or let, his heirs, devisees, grantees, assigns and executors or
administrators in charge of the lands of such lessor shall have the same
remedies against anyone guilty of an unlawful detainer, by holding over
such lands, tenements or other real possessions after the term for which
they were demised or let, as such lessor would have if he had not died,
or had not granted or assigned such lands, tenements or other real
possessions. (RSMo 1939 § 2864)
Prior revisions: 1929 § 2478; 1919 § 3026; 1909 § 7688
The determination of any lease by forfeiture shall, within the
purview of this chapter, have the same effect as if the term thereby
created had expired. (RSMo 1939 § 2865)
Prior revisions: 1929 § 2479; 1919 § 3027; 1909 § 7689
Where the action of unlawful detainer is brought by a landlord
against his tenant holding over after the termination of the tenancy, it
shall be no defense to show that the plaintiff, before such termination,
has let the premises to another person; and in case of such new letting,
the new tenant after demand made in writing requiring the delivery of
possession of such premises and setting forth his title, if the
possession be refused, may maintain an action of unlawful detainer
against the tenant holding over, if there be no such action by the
landlord pending. (RSMo 1939 § 2868)
Prior revisions: 1929 § 2482; 1919 § 3030; 1909 § 7692
The provisions of this chapter shall not extend to any person
who has had the uninterrupted occupation or been in quiet possession of
any lands or tenements for the space of three whole years together,
immediately preceding the filing of the complaint, or who has continued
three whole years in the peaceable possession after the time for which
the premises were demised or let to him, or those under whom he claims,
shall have expired. (RSMo 1939 § 2854)
Prior revisions: 1929 § 2468; 1919 § 3016; 1909 § 7678
Whenever the verdict of the jury or finding of the judge shall
be for the complainant, damages shall be assessed as well for waste and
injury committed upon the premises found to have been forcibly or
unlawfully detained, as for all rents and profits due and owing up to the
time of the rendering of the verdict or finding of the judge, and such
verdict or finding shall also state the monthly value of the rents and
profits of said premises. (RSMo 1939 § 2845, A.L. 1945 p. 1089, A.L. 1978
H.B. 1634)
Prior revisions: 1929 § 2459; 1919 § 3007; 1909 § 7669
Effective 1-2-79
No verdict shall be set aside for informality, but the judge may
in the presence of the jury, correct the same in matters of form,
changing no matter of substance. (RSMo 1939 § 2848, A.L. 1945 p. 1089,
A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 2462; 1919 § 3010; 1909 § 7672
Effective 1-2-79
1. If the verdict of the jury or the finding of the judge is for
the complainant, the judge shall record the verdict or finding, and the
judgment shall be that the complainant have restitution of the premises
found to have been forcibly or unlawfully detained, and recover from the
defendant the sum of . . . . . . dollars, double the sum assessed by the
jury, or found for his damages; and also at the rate of . . . . .
dollars, double the sum found per month, for rents and profits, from the
. . . . . . day of . . . . . ., 19. ., the day of judgment, until
restitution be made, together with costs.
2. The court, upon issuing judgment in favor of the plaintiff pursuant to
subsection 1 of this section, shall, within two business days following
the date the judgment becomes final, transmit a copy of such judgment to
the law enforcement agency with jurisdiction to enforce such judgment.
(RSMo 1939 § 2850, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634, A.L. 1997 H.B.
361)
Prior revisions: 1929 § 2464; 1919 § 3012; 1909 § 7674
(1972) Where addendum to lease provided that failure to pay rental
installments on or before date due would result in immediate termination
of right to possession, that no notice of any kind would be required, and
that time was of the essence, court ruled on appeal from unlawful
detainer action that appellant landlord would be held to scrupulous
observance of every common law requirement unless waived by agreement and
found that landlord's conduct in accepting ten consecutive monthly rent
payments late raised submissible fact issue as to waiver of strict
compliance by tenant. Fritts v. Cloud Oak Flooring Company (A.), 478
S.W.2d 8. (1974) Exact amount due must be remanded on day it becomes due
to authorize recovery under this section. New Brentwood Realty v. Strad,
Inc. (A.), 509 S.W.2d 214.
Such judgment may be filed, transcripted and shall have like
effect as other judgments and may be revived and enforced in the same
manner. (RSMo 1939 § 2862, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 2476; 1919 § 3024; 1909 § 7686
Effective 1-2-79
In an action pursuant to chapter 441, RSMo, chapter 524, RSMo,
or this chapter, the court in entering a judgment for possession of the
premises shall, if the defendant defaults, send a notice to the party
ordered to relinquish possession that a judgment for possession of the
premises has been entered against said party, and said party must vacate
the premises when the judgment is final. (L. 1997 H.B. 361)
In any action against any tenant to recover rent, or possession
of any premises pursuant to chapter 534 or 535, RSMo, if it appears from
the evidence that such tenant allowed another person or persons to come
into sole possession of any lands or tenements under or by collusion with
such tenant and without the permission of the landlord, the court may, in
addition to the rent due, allow the prevailing party damages not to
exceed twice the amount of the rent due. Nothing in this section shall be
construed to limit the landlord's ability to recover attorney's fees,
other expenses or damages, or to pursue other remedies provided in the
lease. (L. 1997 H.B. 361)
The judge rendering judgment in any such cause may issue
execution at any time after judgment, but such execution shall not be
levied until after the expiration of the time allowed for the filing of
an application for trial de novo or the taking of an appeal, except as in
the next succeeding section is provided. (RSMo 1939 § 2888, A.L. 1945 p.
1089, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 2502; 1919 § 3050; 1909 § 7712
Effective 1-2-79
In an action pursuant to chapter 441, RSMo, chapter 524, RSMo,
chapter 535, RSMo, or this chapter, the court in entering a judgment for
possession of the premises, at the request of the prevailing party, may
order the sheriff or appropriate officer to deliver possession of the
premises to the prevailing party within fifteen days of the date the
judgment becomes final. Said order may be withdrawn at the request of the
prevailing party. (L. 1997 H.B. 361)
If it shall appear to the officer having charge of the execution
that the defendant therein is about to remove, conceal or dispose of his
property, so as to hinder or delay the levy, the rents and profits,
damages and costs may be levied before the expiration of the time allowed
for the filing of an application for a trial de novo or taking an appeal.
(RSMo 1939 § 2889, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 2503; 1919 § 3051; 1909 § 7713
Effective 1-2-79
Executions against defendants shall contain a clause of
restitution, and, in other respects, conform to the judgment, and may be
in the following form:
The state of Missouri, to the sheriff of the county of ..........,
greeting: Whereas, G H, on the .......... day of .........., 19...,
obtained judgment before the undersigned judge for the county of
.........., against E F, that the said G H have restitution of (here
insert a description of the premises, as in the complaint, if the verdict
be for the whole, or as in the verdict, if it be for a part), and that he
recover of the said E F the sum of .......... dollars for his damages,
and also at the rate of .......... dollars per month for rents and
profits, from the .......... day of .........., 19..., until restitution
be made, together with costs: You are, therefore, commanded to take with
you the power of the county, if necessary, and to cause the said E F to
be forthwith removed from the said premises, and the said G H to have
peaceable possession thereof; and that of the goods and chattels of the
said E F you cause to be levied the damages, rents and profits aforesaid,
with the sum of .......... dollars for costs and .......... for this writ
and your fees hereon, and that you return this writ, with your doings
thereon, to the undersigned within twenty days from the date hereof.
Given under my hand this .......... day of .........., 19....
A B, Judge. (RSMo 1939 § 2851, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 2465; 1919 § 3013; 1909 § 7675
Effective 1-2-79
Applications for trials de novo and appeals shall be allowed and
conducted in the manner provided in chapter 512, RSMo. Application for a
trial de novo or appeal shall not stay execution for restitution of the
premises unless the defendant gives bond within the time for appeal. The
bond shall be for the amount of the judgment and with the 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, subject to the judge's discretion. However, in any
case in which the defendant receives a reduction in rent due to a local,
state or federal subsidy program, the amount of the bond shall be reduced
by the amount of said subsidy. Execution other than for restitution shall
be stayed if the defendant files a bond in the proper amount at such time
as otherwise provided by law. (L. 1978 H.B. 1634, A.L. 1997 H.B. 361)
*No continuity with § 534.380 as repealed by L. 1978 H.B. 1634; compare
with § 534.400, repealed by L. 1978 H.B. 1634.
In case of a judgment by default, a jury, or the court if no
jury be required, shall assess the monthly value of the premises, and the
damages and judgment shall be rendered on the verdict accordingly. (RSMo
1939 § 2901)
Prior revisions: 1929 § 2515; 1919 § 3063; 1909 § 7725
No appeal to the appellate or supreme court shall operate as a
stay of execution, nor shall any supersedeas be awarded to the party in
possession, unless the condition of the recognizance contain the
substance of the condition prescribed by this chapter in cases of appeals
by a defendant, and the penalty and security be sufficient to secure the
performance thereof. (RSMo 1939 § 2904)
Prior revisions: 1929 § 2518; 1919 § 3066; 1909 § 7728
The officer having charge of a writ of restitution or
rerestitution, or execution with a clause to that effect, shall have
power to expel and remove from the premises mentioned and defendant
therein named, his servants and others under his control, and all other
persons who shall have entered thereon after the commencement of the suit
otherwise than by process of law, and to deliver to the plaintiff
possession thereof. (RSMo 1939 § 2906)
Prior revisions: 1929 § 2520; 1919 § 3068; 1909 § 7730
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