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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : STATUTORY ACTIONS AND TORTS
Chapter : Chapter 535 Landlord-Tenant Actions
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In all cases in which lands and tenements are or shall be rented
or leased, and default shall be made in the payment of the rents at the
time or times agreed upon by the parties, it shall be lawful for the
landlord to dispossess the tenant and all subtenants and recover
possession of the premises rented or leased, in the manner herein
provided. (RSMo 1939 § 2993)
Prior revisions: 1929 § 2606; 1919 § 6900; 1909 § 7903
Whenever any rent has become due and payable, and payment has
been demanded by the landlord or the landlord's agent from the lessee or
person occupying the premises, and payment thereof has not been made, the
landlord or agent may file a statement, verified by affidavit, with any
associate circuit judge in the county in which the property is situated,
setting forth the terms on which such property was rented, and the amount
of rent actually due to such landlord; that the rent has been demanded
from the tenant, lessee or person occupying the premises, and that
payment has not been made, and substantially describing the property
rented or leased. Giving the notice provided in section 441.060, RSMo, is
not required prior to filing a statement or obtaining the relief provided
in this chapter. In such case, the clerk of the court shall immediately
issue a summons directed to such tenant or lessee and to all persons
occupying the premises, by name, requiring them to appear before the
judge upon a day to be therein named, and show cause why possession of
the property should not be restored to the plaintiff. The landlord or
agent may, in such an action for unpaid rent, join a claim for any other
unpaid sums, other than property damages, regardless of how denominated
or defined in the lease, to be paid by or on behalf of a tenant to a
landlord for any purpose set forth in the lease; provided that such other
sums shall not be considered rent for purposes of this chapter, and
judgment for the landlord for recovery of such other sums shall not by
itself entitle the landlord to an order for recovery of possession of the
premises. The provisions of this section providing for the filing of a
statement before an associate circuit judge shall not preclude adoption
of a local circuit court rule providing for the centralized filing of
such cases, nor the assignment of such cases to particular circuit or
associate circuit judges pursuant to local circuit court rule or action
by the presiding judge of the circuit. The case shall be heard and
determined under the practice and procedure provided in the Missouri
rules of civil procedure, except where otherwise provided by this
chapter. (RSMo 1939 § 2994, A.L. 1945 p. 1107, A.L. 1978 H.B. 1634, A.L.
1985 S.B. 5, et al., A.L. 1997 H.B. 361, A.L. 2004 S.B. 1211)
Prior revisions: 1929 § 2607; 1919 § 6901; 1909 § 7904
1. Such summons shall be served as in other civil cases at least
four days before the court date in the summons. The summons shall include
a court date which shall not be more than twenty-one business days from
the date the summons is issued unless at the time of filing the affidavit
the plaintiff or plaintiff's attorney consents in writing to a later date.
2. In addition to attempted personal service, the plaintiff may request,
and thereupon the clerk of the court shall make an order directing that
the officer, or other person empowered to execute the summons, shall also
serve the same by securely affixing a copy of such summons and the
complaint in a conspicuous place on the dwelling of the premises in
question at least ten days before the court date in such summons, and by
also mailing a copy of the summons and complaint to the defendant at the
defendant's last known address by ordinary mail at least ten days before
the court date. If the officer, or other person empowered to execute the
summons, shall return that the defendant is not found, or that the
defendant has absconded or vacated his 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 at the
request of the plaintiff proceed to hear the case as if there had been
personal service, and judgment shall be rendered and proceedings had as
in other cases, except that no money judgment shall be granted the
plaintiff where the defendant is in default and service is by the posting
and mailing procedure set forth in this section.
3. If the plaintiff does not request service of the original summons by
posting and mailing as provided in subsection 2 of this section, and if
the officer, or other person empowered to execute the summons, makes
return that the defendant is not found, or that the defendant has
absconded or vacated the defendant's usual place of abode in this state,
the plaintiff may request the issuance of an alias summons and service of
the same by posting and mailing in the time and manner provided in
subsection 2 of this section. In addition, the plaintiff or an agent of
the plaintiff who is at least eighteen years of age may serve the summons
by posting and mailing a copy of the summons in the time and manner
provided in subsection 2 of this section. Upon proof by affidavit of the
posting and of the mailing of a copy of the summons or alias summons and
the complaint, the judge shall proceed to hear the case as if there had
been personal service, and judgment shall be rendered and proceedings had
as in other cases, except that no money judgment shall be granted the
plaintiff where the defendant is in default and service is by the posting
and mailing procedure provided in subsection 2 of this section.
4. On the date judgment is rendered as provided in this section where the
defendant is in default, the clerk of the court shall mail to the
defendant at the defendant's last known address by certified mail, with a
request for return receipt and with directions to deliver to the
addressee only, a notice informing the defendant of the judgment and the
date it was entered, and stating that the defendant has ten days from the
date of the judgment to file a motion to set aside the judgment or to
file an application for a trial de novo in the circuit court, as the case
may be, and that unless the judgment is set aside or an application for a
trial de novo is filed within ten days, the judgment will become final
and the defendant will be subject to eviction from the premises without
further notice. (RSMo 1939 § 2995, A.L. 1947 V. II p. 283, A.L. 1971 H.B.
98, A.L. 1972 S.B. 460, A.L. 1978 H.B. 1634, A.L. 1983 H.B. 175, A.L.
1986 S.B. 741, A.L. 1991 H.B. 549, A.L. 1997 H.B. 361, A.L. 1999 H.B.
242, A.L. 2001 S.B. 267, A.L. 2004 S.B. 1211)
Prior revisions: 1929 § 2608; 1919 § 6902; 1909 § 7905
Upon the return of the summons executed, the judge shall set the
case on the first available court date and shall proceed to hear the
cause, and if it shall appear that the rent which is due has been
demanded of the tenant, lessee or persons occupying the property, and
that payment has not been made, and if the payment of such rent, with all
costs, shall not be tendered before the judge, on the hearing of the
cause, the judge shall render judgment that the landlord recover the
possession of the premises so rented or leased, and also the debt for the
amount of the rent then due, with all court costs and shall issue an
execution upon such judgment, commanding the officer to put the landlord
into immediate possession of the property leased or rented, and to make
the debt and costs of the goods and chattels of the defendant. No money
judgment shall be granted to the plaintiff if the defendant is in default
and service was by the posting procedure provided in section 535.030
unless the defendant otherwise enters an appearance. The officer shall
deliver possession of the property to the landlord within five days from
the time of receiving the execution, and the officer shall proceed upon
the execution to collect the debt and costs, and return the writ, as in
the case of other executions. If the plaintiff so elects, the plaintiff
may sue for possession alone, without asking for recovery of the rent
due. (RSMo 1939 § 2996, A.L. 1945 p. 1107, A.L. 1978 H.B. 1634, A.L. 1985
S.B. 5, et al., A.L. 1986 S.B. 741, A.L. 1997 H.B. 361)
(1978) Held, not unconstitutional to require court to hear case without
jury in magistrate court since jury trial could later be had as a matter
of right in circuit court. Rice v. Lucas (Mo.), 560 S.W.2d 850.
When the property is held by a written lease containing a clause
declaring the lease forfeited for the nonpayment of rent for a specified
time, no process shall issue against the lessee or other person occupying
the premises, until the expiration of said specified time. (RSMo 1939 §
2997)
Prior revisions: 1929 § 2610; 1919 § 6904; 1909 § 7907
Any demand of rent, or rent and possession, by a landlord or the
landlord's agent shall be deemed good within the meaning of this or any
other statute of this state, when made at any time after the right to
rent and possession accrues or the rent becomes due according to the
terms of the agreement, whether by written lease or otherwise. (RSMo 1939
§ 2998, A.L. 1997 H.B. 361)
Prior revisions: 1929 § 2611; 1919 § 6905; 1909 § 7908
If any person purchases lands or tenements occupied at the time
of such purchase by any tenant, lessee or sublessee, who shall, at any
time thereafter, fail to pay rent to such purchaser, the person
purchasing such property shall have the right, upon such failure, to
commence proceedings before an associate circuit judge to recover rent
and possession, under the terms of the prior owner's lease, for unpaid
rent accruing after the transfer of title. The right to commence
proceedings pursuant to this section shall exist regardless of whether
the transfer was by private foreclosure, tax or judicial sale, or by any
other means. The provisions of chapter 441, RSMo, and this chapter shall
apply. (RSMo 1939 § 2999, A.L. 1945 p. 1107, A.L. 1997 H.B. 361)
Prior revisions: 1929 § 2612; 1919 § 6906; 1909 § 7909
CROSS REFERENCE: Purchaser at tax sale may recover possession and rent,
RSMo 140.310
The right of a successor in title to recover rents pursuant to
section 535.070 requires adequate and timely notice to the tenant. Except
in counties of the first classification as determined pursuant to section
48.020, RSMo, for the purposes of this section, "adequate and timely
notice" means that the purchaser shall notify tenants in writing of the
fact that title to the property has been transferred, and of the means of
the transfer and the date of the transfer and the notice shall be
attached to a copy of the deed which has been recorded. In counties of
the first classification as determined pursuant to section 48.020, RSMo,
in lieu of a copy of the deed which has been recorded, the notice
required by this section may be attached to a notarized affidavit
executed by both the prior owner of the property and the successor in
title, which notarized affidavit shall state that the property has been
transferred to the successor in title and the date on which the transfer
occurred. (L. 1997 H.B. 361, A.L. 2002 S.B. 932)
It shall be sufficient for such person purchasing lands or
tenements to file a complaint, pursuant to section 535.070, verified by
affidavit, stating by whom the premises were leased or rented, and the
terms of such lease or renting, and how such person claims title to the
lands or tenements; and upon the trial of the cause, if the plaintiff
shows that the party in possession, or those under whom the party in
possession claims, rented or leased from a party claiming title to the
premises by deed, and that the plaintiff has acquired the title of the
original lessor or landlord, by a deed or deeds, regularly acknowledged,
the plaintiff shall be entitled to recover possession and unpaid rent
accruing after the transfer and while the tenant was in possession. (RSMo
1939 § 3001, A.L. 1997 H.B. 361)
Prior revisions: 1929 § 2614; 1919 § 6908; 1909 § 7911
The rights to a change of venue and disqualification of a judge
in proceedings under this chapter shall be the same and shall be
exercised in the same manner as in proceedings under chapter 517, RSMo.
(L. 1978 H.B. 1634)
Effective 1-2-79
*No continuity with § 535.100 as repealed by L. 1978 H.B. 1634.
Applications for trials de novo and appeals shall be allowed and
conducted in the manner provided in chapter 512, RSMo; but no application
for a trial de novo or appeal shall stay execution unless the defendant
give bond, with security sufficient to secure the payment of all damages,
costs and rent then due, and with condition to stay waste and to pay all
subsequently accruing rent, if any, into court within ten days after it
becomes due, pending determination of the trial de novo or appeal. (RSMo
1939 § 3002, A.L. 1945 p. 1107, A.L. 1978 H.B. 1634, A.L. 1983 H.B. 175,
A.L. 1985 S.B. 5, et al., A.L. 1986 S.B. 741)
Prior revisions: 1929 § 2615; 1919 § 6909; 1909 § 7912
(1978) Held, requirement for statutory appeal bond is unconstitutional
when applied to an indigent but is proper as a prerequisite to a stay of
execution. Rice v. Lucas (Mo.), 560 S.W.2d 850.
Whenever a half year's rent or more is in arrear from a tenant,
the landlord, if he has a subsisting right by law to reenter for the
nonpayment of such rent, may bring an action to recover the possession of
the demised premises. (RSMo 1939 § 2979)
Prior revisions: 1929 § 2592; 1919 § 6886; 1909 § 7889
(1967) This section applied where month-to-month tenants were six
consecutive months in arrears in payment of rent as six months' rent is
"a half year's rent", although the period may not total exactly one-half
year in number of days. B-W Acceptance Corporation v. Benack (A.), 423
S.W.2d 215.
If the summons in such action cannot be served in the ordinary
mode provided by law, it may be served by affixing a copy of the petition
and summons on a conspicuous part of the demised premises, where it may
be conveniently read. (RSMo 1939 § 2980)
Prior revisions: 1929 § 2593; 1919 § 6887; 1909 § 7890
Service of the complaint and summons in such action shall be a
sufficient demand of the rent in arrear, and of a reentry on the demised
premises. (RSMo 1939 § 2981, A.L. 1997 H.B. 361)
Prior revisions: 1929 § 2594; 1919 § 6888; 1909 § 7891
If, upon the trial of such action, it is proved, or, upon
judgment by default, it appear to the court, by affidavit, that the
plaintiff had a right to commence such action according to the provisions
of this chapter, he shall have judgment to recover the possession of the
demised premises and costs. (RSMo 1939 § 2982)
Prior revisions: 1929 § 2595; 1919 § 6889; 1909 § 7892
If the defendant, on the date any money judgment is given in any
action pursuant to this chapter, either tenders to the landlord, or
brings into the court where the suit is pending, all the rent then in
arrears, and all the costs, further proceedings in the action shall cease
and be stayed. If on any date after the date of any original trial but
before any trial de novo the defendant shall satisfy such money judgment
and pay all costs, any execution for possession of the subject premises
shall cease and be stayed; except that the landlord shall not thereby be
precluded from making application for appeal from such money judgment. If
for any reason no money judgment is entered against the defendant and
judgment for the plaintiff is limited only to possession of the subject
premises, no stay of execution shall be had, except as provided by the
provisions of section 535.110 or the rules of civil procedure or by
agreement of the parties. (RSMo 1939 § 2983, A.L. 1983 H.B. 175, A.L.
1985 S.B. 5, et al., A.L. 1997 H.B. 361)
Prior revisions: 1929 § 2596; 1919 § 6890; 1909 § 7893
After the execution of any judgment for possession pursuant to
this chapter, the lessee and the lessee's assignees, and all other
persons deriving title under the lease from such lessee, shall be barred
from reentry of such premises and from all relief, and except for error
in the record or proceedings, the landlord shall from that day hold the
demised premises discharged from the lease. Nothing in this section shall
preclude an aggrieved party from perfecting an appeal or securing a trial
de novo as to any judgment rendered, and may as a result of such appeal
or trial de novo recover any damage incurred, including damages incurred
from an unlawful dispossession. (RSMo 1939 § 2984, A.L. 1997 H.B. 361)
Prior revisions: 1929 § 2597; 1919 § 6891; 1909 § 7894
A mortgagee of such lease, not in possession of such demised
premises, who within three months after execution of any such judgment
shall pay all rent in arrear, and all costs, and the charges incurred by
the landlord, and shall perform all the agreements which ought to be
performed by the first lessee, shall not be affected by the recovery of
the possession of the demised premises. (RSMo 1939 § 2985)
Prior revisions: 1929 § 2598; 1919 § 6892; 1909 § 7895
1. The landlord of residential property or any person authorized
to enter into a rental agreement on such landlord's behalf shall disclose
to the tenant in writing at or before the commencement of the tenancy the
name and address of:
(1) The person authorized to manage the premises; and
(2) An owner of the premises or a person authorized to act for and on
behalf of the owner for the purpose of service of process and for the
purpose of receiving and receipting for notices and demands. If such
owner or authorized person has an address which is a post office box,
service of process and any notice or demand may be made by mailing a copy
of the summons, petition, notice or demand by first-class mail, postage
prepaid, together with two copies of such summons, petition, notice or
demand pursuant to section 506.150, RSMo.
2. The information required to be furnished by this section shall be kept
current and this section extends to and is enforceable against any
successor landlord, owner, or manager.
3. A person who fails to comply with subsection 1 of this section becomes
an agent of each person who is a landlord for the purpose of:
(1) Service of process and receiving and receipting for notices and
demands; and
(2) Performing the obligations of the landlord pursuant to chapter 441,
RSMo, or this chapter, or any other obligations under the rental
agreement and expending or making himself available for the purposes of
collecting all rent due from the premises. (L. 1989 H.B. 602 § 1)
1. In the twenty-second judicial circuit, upon adoption of an
ordinance by the city of St. Louis providing for expenditure of city
funds for such purpose, a majority of the circuit judges, en banc, may
establish a landlord-tenant court, which shall be a division of the
circuit court, and may authorize the appointment of not more than two
landlord- tenant court commissioners. The landlord-tenant court
commissioners shall be appointed by a landlord-tenant court judicial
commission consisting of the presiding judge of the circuit, who shall be
the chair, one circuit judge elected by the circuit judges, one associate
circuit judge elected by the associate circuit judges of the circuit, and
two members appointed by the mayor of the city of St. Louis, each of whom
shall represent one of the two political parties casting the highest
number of votes at the next preceding gubernatorial election. The
procedures and operations of the landlord-tenant court judicial
commission shall be established by circuit court rule.
2. Landlord-tenant commissioners may be authorized to hear in the first
instance disputes involving landlords and their tenants. Landlord- tenant
commissioners shall be authorized to make findings of fact and
conclusions of law, and to issue orders for the payment of money, for the
giving or taking of possession of residential property and any other
equitable relief necessary to resolve disputes governed by the laws in
chapters 441, 524, 534, RSMo, and this chapter. Landlord-tenant
commissioners may not, by ex parte means, hear cases and issue orders.
3. Landlord-tenant commissioners shall be licensed to practice law in
this state and shall serve at the pleasure of a majority of the circuit
and associate circuit judges, en banc, and shall be residents of the city
of St. Louis, and shall receive as annual compensation an amount equal to
one- third of the annual compensation of an associate circuit judge.
Landlord- tenant commissioners shall not accept or handle cases in their
practice of law which are inconsistent with their duties as a
landlord-tenant commissioner and shall not be a judge or prosecutor for
any other court. Landlord-tenant commissioners shall not be considered
state employees and shall not be members of the state employees' or
judicial retirement system or be eligible to receive any other employment
benefit accorded state employees or judges.
4. A majority of the judges of the circuit, en banc, shall establish
operating procedures for the landlord-tenant court. Proceedings in the
landlord-tenant court shall be conducted as in cases tried before an
associate circuit judge. The hearing shall be before a landlord-tenant
commissioner without jury, and the commissioner shall assume an
affirmative duty to determine the merits of the evidence presented and
the defenses of the defendant and may question parties and witnesses.
Clerks and computer personnel shall be assigned as needed for the
efficient operation of the court.
5. The parties to a cause of action before a commissioner of the
landlord-tenant court are entitled to file with the court a motion for a
hearing in associate circuit court within ten days after the mailing, or
within ten days after service.
6. Operating procedures shall be provided for electronic recording of
proceedings at city expense. Any person aggrieved by a judgment in a case
decided under this section shall have a right to a trial de novo in
circuit court, or an appeal to the appropriate appellate court, in the
same manner as would a person aggrieved by a decision of an associate
circuit judge under section 535.110. The procedures for perfecting the
right of a trial de novo or appeal shall be the same as that provided
pursuant to sections 512.180 to 512.320, RSMo.
7. Any summons issued for the proceedings in the landlord-tenant court
shall have a return date of ten days. The sheriff must attempt to serve
any summons within four days of the date of issuance.
8. All costs to establish and operate a landlord-tenant court under this
section shall be borne by the city of St. Louis. (L. 1997 H.B. 361 § 1)
1. In the sixteenth judicial circuit, upon adoption of an
ordinance by Jackson County providing for expenditure of county funds for
such purpose, a majority of the circuit court judges, en banc, may
establish a landlord-tenant court, which shall be a division of the
circuit court, and may authorize the appointment of not more than two
landlord- tenant court commissioners. The landlord-tenant court
commissioners shall be appointed by a landlord-tenant court judicial
commission consisting of the presiding judge of the circuit, who shall be
the chair, one circuit judge elected by the circuit judges, one associate
circuit judge elected by the associate circuit judges of the circuit, and
two members appointed by the county executive of Jackson County, each of
whom shall represent one of the two political parties casting the highest
number of votes at the next preceding gubernatorial election. The
procedures and operations of the landlord-tenant court judicial
commission shall be established by circuit court rule.
2. Landlord-tenant commissioners may be authorized to hear in the first
instance disputes involving landlords and their tenants. Landlord- tenant
commissioners shall be authorized to make findings of fact and
conclusions of law, and to issue orders for the payment of money, for the
giving or taking of possession of residential property and any other
equitable relief necessary to resolve disputes governed by the laws in
chapters 441, 524, 534, RSMo, and this chapter. Landlord-tenant
commissioners may not, by ex parte means, hear cases and issue orders.
3. Landlord-tenant commissioners shall be licensed to practice law in
this state and shall serve at the pleasure of a majority of the circuit
and associate circuit judges, en banc, and shall be residents of Jackson
County, and shall receive as annual compensation an amount equal to one-
third of the annual compensation of an associate circuit judge. Landlord-
tenant commissioners shall not accept or handle cases in their practice
of law which are inconsistent with their duties as a landlord-tenant
commissioner and shall not be a judge or prosecutor for any other court.
Landlord-tenant commissioners shall not be considered state employees and
shall not be members of the state employees' or judicial retirement
system or be eligible to receive any other employment benefit accorded
state employees or judges.
4. A majority of the judges of the circuit court, en banc, shall
establish operating procedures for the landlord-tenant court. Proceedings
in the landlord-tenant court, shall be conducted as in cases tried before
an associate circuit judge. The hearing shall be before a landlord-tenant
commissioner without jury, and the commissioner shall assume an
affirmative duty to determine the merits of the evidence presented and
the defenses of the defendant and may question parties and witnesses.
Clerks and computer personnel shall be assigned as needed for the
efficient operation of the court.
5. The parties to a cause of action before a commissioner of the
landlord-tenant court are entitled to file with the court a motion for a
hearing in associate circuit court within ten days after the mailing, or
within ten days after service.
6. Operating procedures shall be provided for electronic recording of
proceedings at county expense. Any person aggrieved by a judgment in a
case decided under this section shall have a right to a trial de novo in
circuit court, or an appeal to the appropriate appellate court, in the
same manner as would a person aggrieved by a decision of an associate
circuit judge under section 535.110. The procedures for perfecting the
right of a trial de novo or appeal shall be the same as that provided
pursuant to sections 512.180 to 512.320, RSMo.
7. Any summons issued for the proceedings in the landlord-tenant court
shall have a return date of ten days from the date of service. The
sheriff must attempt to serve any summons within four days of the date of
issuance.
8. All costs to establish and operate a landlord-tenant court under this
section shall be borne by Jackson County. (L. 1997 H.B. 361 § 2)
1. A landlord may not demand or receive a security deposit in
excess of two months' rent.
2. Within thirty days after the date of termination of the tenancy, the
landlord shall:
(1) Return the full amount of the security deposit; or
(2) Furnish to the tenant a written itemized list of the damages for
which the security deposit or any portion thereof is withheld, along with
the balance of the security deposit. The landlord shall have complied
with this subsection by mailing such statement and any payment to the
last known address of the tenant.
3. The landlord may withhold from the security deposit only such amounts
as are reasonably necessary for the following reasons:
(1) To remedy a tenant's default in the payment of rent due to the
landlord, pursuant to the rental agreement;
(2) To restore the dwelling unit to its condition at the commencement of
the tenancy, ordinary wear and tear excepted; or
(3) To compensate the landlord for actual damages sustained as a result
of the tenant's failure to give adequate notice to terminate the tenancy
pursuant to law or the rental agreement; provided that the landlord makes
reasonable efforts to mitigate damages.
4. The landlord shall give the tenant or his representative reasonable
notice in writing at his last known address or in person of the date and
time when the landlord will inspect the dwelling unit following the
termination of the rental agreement to determine the amount of the
security deposit to be withheld, and the inspection shall be held at a
reasonable time. The tenant shall have the right to be present at the
inspection of the dwelling unit at the time and date scheduled by the
landlord.
5. If the landlord wrongfully withholds all or any portion of the
security deposit in violation of this section, the tenant shall recover
as damages not more than twice the amount wrongfully withheld.
6. Nothing in this section shall be construed to limit the right of the
landlord to recover actual damages in excess of the security deposit, or
to permit a tenant to apply or deduct any portion of the security deposit
at any time in lieu of payment of rent.
7. As used in this section, the term "security deposit" means any deposit
of money or property, however denominated, which is furnished by a tenant
to a landlord to secure the performance of any part of the rental
agreement, including damages to the dwelling unit. This term does not
include any money or property denominated as a deposit for a pet on the
premises. (L. 1983 H.B. 175 § 1)
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