Residential Rental Lease Agreement
TITLE XXIX
OWNERSHIP AND CONVEYANCE
OF PROPERTY
Chapter 441
Landlord and Tenant
Definitions.
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. Title 29, Chap. 441, §441.005.
TITLE XXIX
Covenant or contract of tenant to repair--effect of.
No covenant or contract to repair shall impose upon a tenant the
obligation to rebuild or repair any building destroyed by fire without
the procurement, connivance or neglect of such tenant, his agents or servants,
during the continuance of the term for which such building was leased or
let, unless such tenant shall specially covenant or contract to rebuild
or repair, in case of the destruction or damage of such building by fire;
and no action, suit or process shall bemaintained or prosecuted against
any tenant or other person, in whose house or apartment any fire shall
accidentally begin or take place; nor shall any recompense be made by such
person for any damage occasioned thereby, any law, custom or usage to the
contrary notwithstanding. Title 29, Chap. 441, §441.010.
Illegal use of premises renders lease void.
Whenever any lessee of any house, apartment or building permits
any prohibited gaming table, bank or device to be set up or be kept or
used upon the premises, for the purpose of gaming, or keeping in the same
a bawdyhouse, brothel or common gaming house, or allowing the illegal possession,
sale or distribution of controlled substances upon the premises, the lease
or agreement for letting such house or building shall become void, and
the lessor may enter on the premises so let, and shall have the same remedies
for the recovery of the premises as in the case of a tenant holding over
the tenant's term. Title 29, Chap. 441, §441.020.
Tenant not to assign without consent--nor violate conditions--nor
commit waste.
No tenant for a term not exceeding two years, or at will, or by
sufferance, shall assign or transfer his term or interest, or any part
thereof, to another without the written assent of the landlord; neither
shall he violate any of the conditions of his written lease, nor commit
waste upon the leased premises.
Landlord may take possession, when--landlord liable, when, burden
of proof.
If any tenant violates the provisions of section 441.020 or 441.030,
the landlord, or person holding under the landlord, after giving ten days'
notice to vacate the premises, shall have a right to reenter the premises
and take possession of the premises, or to oust the tenant, subtenant or
undertenant of any person on the premises with the permission of the lessee,
sublessee or underlessee by the procedure specified by law. The landlord
shall have the burden to prove that the premises were being used for the
illegal possession, sale or distribution of controlled substances under
a petition filed for that reason, but the landlord shall not be liable
for any damages resulting from the landlord's reliance on written notification
to the landlord by a law enforcement authority that the premises are being
used for the illegal conduct described in section 441.020. Title
29, Chap. 441, §441.040.
Counties and cities not to adopt ordinances regulating rents
of private or
commercial property, exceptions.
No county or city, or county or city with a charter form of government
may enact, maintain, or enforce any ordinance or resolution which regulates
the amount of rent to be charged for privately-owned, single-family, or
multiple-unit residential or commercial rental property. This section shall
not be construed as prohibiting any county or city, or any authority created
by a county or city for that purpose, from:
(1) Regulating in any way property belonging to that city,
county, or authority;
(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. Title 29,
Chap. 441, §441.043.
Tenancy from year to year, how terminated.
Either party may terminate a tenancy from year to year by giving
notice, in writing, of his intention to terminate the same, not less than
sixty days next before the end of the year. Title 29, Chap.
441, §441.050.
CROSS REFERENCE: Service of notice, generally, RSMo 1.190 (1957)
Fact that tenant held over eleven days after expiration of written lease
did not of itself create a new tenancy from year to year, and tenant had
no interest in premises condemned under action filed on 12th day. Millhouse
v. Drainage Dist. No. 48 of Dunklin Co. (A.), 304 S.W.2d 54. (1964)
Trial court reasonably have found that oral agreement between plaintiff
and defendant that plaintiff would get one-third of crops and pay one-third
of combining and fertilizing, where no fixed rental was agreed upon and
defendant did not even pay rent in cash, no discussion was had as to length
of term, defendant furnished his own seed and decided what crops to plant
and used his own equipment, did not constitute a tenancy from year to year
and therefore defendant was not entitled to sixty days' notice. Smith v.
McNew (A.), 381 S.W.2d 369.
Tenancy at will, sufferance, month to month, how terminated --judgment
of eviction, how effectuated, landlord's liability.
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. Title 29, Chap. 441, §441.060.
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.
Abandonment of rental premises, when, procedure.
Any property of a tenant remaining in or at the premises, after
the tenant abandons the premises, may be removed or disposed of by the
landlord without liability to the tenant for such removal or disposition.
The premises shall be deemed abandoned if:
(1) The landlord has a reasonable belief that the tenant
has vacated the premises and intends not to return;
(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. Title 29, Chap. 441, §441.065.
(L. 1997 H.B. 361)
No notice necessary, when.
No notice to quit shall be necessary from or to a tenant whose
term is to end at a certain time, or when, by special agreement, notice
is dispensed with. Title 29, Chap. 441, §441.070.
Liability of tenants after termination of term.
If any tenant for life or years, or if any other person, who may
come into the possession of any lands or tenements under or by collusion
with such tenant, shall willfully hold over the same after the termination
of such term, and after demand made and notice in writing given, requiring
the possession thereof, by the person entitled thereto, such person so
holding over shall pay to the person so kept out of possession double the
yearly value of the lands or tenements so detained, for all the time he
shall keep the person entitled out of possession. Title 29, Chap.
441, §441.080.
Recovery action--tenant served with summons--notice--penalty.
Every tenant on whom a summons in an action to recover the tenements
held by him shall be served shall forthwith give notice thereof to the
person, or the agent of the person, of whom such tenant holds, under the
penalty of forfeiting to such person the value of three years' rent of
the premises occupied by him. Title 29, Chap. 441, §441.090.
Tenant giving notice to quit, and failing to do so, liable.
If any tenant shall give notice, in writing, of his intention to
quit the premises held by him, at a time specified in such notice, and
shall not deliver up the possession thereof at such time, such tenant,
his executors or administrators shall from thenceforward pay to the landlord,
his heirs or assigns, double the rent reserved during all the time such
tenant shall so continue in possession. Title 29, Chap. 441, §441.100.
Such rent, how recovered.
Such double rent shall be recovered in the same manner, at the
same time, that the single rent is recoverable. Title 29, Chap. 441,
§441.110.
Oral evidence not to show renewal of lease or change--notice
to quit.
1. In all cases where a tenant holds over after the termination
of the time for which the premises were let or leased, under a written
contract between the lessor or his agent and the tenant or his agent, in
any suit for possession by the party entitled to possession of said premises
against such tenant, after the termination of the time for which said premises
were let or leased under written contract, oral evidence shall not be admissible
that said lease or letting was renewed or extended, or that a new contract
was entered into or substituted for the written contract, but the tenant's
right to continued possession or the landlord's right to collect rent on
said premises after the termination thereof, shall be established by contract in writing; provided, however, this section shall not prevent
a recovery of damages by either party for breach of the written contract.
2. In all cases of an oral letting or leasing of real property for
any agricultural year, tenancy at will or by sufferance, or for less than
one year, if either party shall terminate said tenancy in accordance with
the provisions of sections 441.050 and 441.060, in any suit thereafter
between said parties, oral testimony shall not be admissible to vary, alter
or abrogate the effect of the notice required and given under sections
441.050 and 441.060, but such notice may be varied, altered or abrogated
only by written evidence thereof and bearing an actual date subsequent
to the date of the notice provided for in said sections. Title
29, Chap. 441, §441.120.
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.
Alienee or assignee may recover rent.
If the owner or holder of the lands, tenements, an estate or a
lease term alienates or assigns such owner's or holder's lands, tenement,
estate or term, or the rent thereafter to fall due on such premises after
such alienation or assignment, the owner's or holder's alienee or assignee
may recover such rent paid to such owner or holder after such alienation
or assignment. Title 29, Chap. 441, §441.130.
Grants of rents good without attornment of tenants.
Grants of rents, or of lands, tenements, estates, lease terms,
reversions or remainders pursuant to section 441.130 or section 535.070,
RSMo, shall be good and shall be effective without the consent of the tenants;
unless otherwise stated in the lease; but no tenant, who, before notice
of the grant, pays the rent to the grantor, shall suffer any damage for
such payment. Title 29, Chap. 441, §441.140.
Assornment to stranger void--exceptions.
The attornment of a tenant to a stranger shall be void, and shall
not in any wise affect the possession of his landlord, unless it is made:
(1) With the consent of the landlord; or
(2) Pursuant to or in consequence of a judgment at law, or a decree
in equity, or sale under execution or deed of trust; or
(3) To a mortgagee, after the mortgage has been forfeited.
Title 29, Chap. 441, §441.150.
Executor or administrator of tenant for life may recover rents.
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. Title 29, Chap. 441, §441.160.
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.
Remedy of executor or administrator.
The executors or administrators of any person to whom any rent
shall have been due and unpaid at the time of the death of such person
may have the same remedy, by action against the tenant, his executors or
administrators, for the recovery thereof, that their testator or intestate
might have if living. Title 29, Chap. 441, §441.170.
Rents dependent on life of another, how recovered when unpaid.
Every person entitled to any rents, dependent upon the life of
any other, may, notwithstanding the death of such other person, have the
same remedy, by action, for the recovery of all arrears of such rents as
are due and unpaid at the death of such other person, as he might
have if such other person were in full life. Title 29, Chap. 441,
§441.180.
Rent due on lease for life, how recovered.
Any person having any rent due upon any lease for life may have
the same remedy, by action for the recovery thereof, as if such lease were
for years. Title 29, Chap. 441, §441.190.
Landlord may recover for use and occupation.
A landlord may recover a reasonable satisfaction for the use and
occupation of any lands or tenements held by any person under an agreement
not made by deed. Title 29, Chap. 441, §441.200.
If parol demise appear on trial, shall be evidence of what.
If a parol demise, or other agreement not by deed, by which a certain
rent is reserved, appear in evidence on the trial of such action, the plaintiff
shall not on that account be debarred from a recovery, but may make use
thereof as evidence of the amount of damages to be recovered. Title
29, Chap. 441, §441.210.
Rent may be recovered of whom, and how.
Rent may be recovered from the lessee or person owing it, or his
assignee or undertenant, or the representative of either, by the same remedies
given in sections 441.240 to 441.280; but no assignee or undertenant shall
be liable for rent which became due before his interest began. Title
29, Chap. 441, §441.220.
If tenant sublet, landlord may join sublessees in same actions.
In case any tenant shall sublet any premises or any part thereof
demised or let to him, the landlord shall have the right, in any action
provided for by this chapter and chapter 535, RSMo, to join as party defendants
his lessee and all sublessees in the same action. Title 29, Chap
441, §441.230.
Landlord's unlawful removal or exclusion of tenant, liability
--interruptionof services, landlord's liability.
1. Except as provided in section 441.065, a landlord or
its agent who removes or excludes a tenant or the tenant's personal property
from the premises without judicial process and court order, or causes such
removal or exclusion, or causes the removal of the doors or locks to such
premises, shall be deemed guilty of forcible entry and detainer as described
in chapter 534, RSMo.
2. Any landlord or its agent who willfully diminishes services to
a tenant by interrupting or causing the interruption of essential services,
including but not limited to electric, gas, water, or sewer service, to
the tenant or to the premises shall be deemed guilty of forcible entry
and detainer as described in chapter 534, RSMo; provided however, this
section shall not be applicable if a landlord or its agent takes such action
for health or safety reasons. Title 29, Chap. 441, §441.233.
Tenant may deduct cost of repair of rental premises from rent, when
--limitations.
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. Title 29, Chap.
441, §441.234.
Attachment for rent.
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. Title 29, Chap. 441, §441.240.
CROSS REFERENCE: Attachment, generally, Chap. 521, RSMo
(1993) Landlord's lien on tenant's crops attach in year crops sprout,
rather than in year crops are harvested and sold. Lien for 1989 rent attached
to crops planted in 1989 and harvested in 1990. Jenkins v. Missouri Farmers
Association, Inc., 851 S.W.2d 542 (Mo. App. W.D.).
Proceedings to be same as in suits by attachment.
Proceedings on all attachments issued under this chapter shall
be the same as provided by law in case of suits by attachment. Title
29, Chap. 441, §441.250.
Who may recover rent.
Any person to whom rent is due, whether he have the reversion or
not or his personal representatives or assignee, may recover such rent,
as provided in sections 441.240 and 441.250, whatever be the estate of
the person owning the land, or though his estate or interest in it be ended.
Title 29, Chap. 441, §441.260.
What property exempt from attachment for rent.
Property exempt from execution shall be also exempt from attachment
for rent, except the crop grown on the demised premises on which the rent
claimed is due. Title 29, Chap. 441, §441.270.
CROSS REFERENCE: Exemptions from execution, Chap. 513, RSMo
Landlord's lien on crops for rent.
Every landlord shall have a lien upon the crops grown on the demised
premises in any year, for the rent that shall accrue for such year, and
such lien shall continue for eight months after such rent shall become
due and payable, and no longer. When the demised premises or any portion
thereof are used for the purpose of growing nursery stock, a lien shall
exist and continue on such stock until the same shall have been removed
from the premises and sold, and such lien may be enforced by attachment
in the manner herein provided. Title 29, Chap. 441, §441.280.
Landlord's lien for money or supplies furnished tenant.
Every landlord shall have a superior lien, against which the tenant
shall not be entitled to any exemption, upon the whole crop of the tenant
raised upon the leased or rented premises, to reimburse the landlord for
money or supplies furnished to the tenant to enable him to raise and harvest
the crops or to subsist while carrying out his contract of tenancy, but
the lien of the landlord shall not continue for more than one hundred and
twenty days after the expiration of the tenancy, and, if the property upon
which there is a lien be removed from the leased premises and not returned,
the landlord shall have a superior lien upon the property so removed for
fifteen days from the date of this removal, and may enforce his lien against
the property wherever found. Title 29, Chap. 441, §441.290.
Lien, how enforced.
The landlord may enforce the lien given in sections 441.280 and
441.290 by distress or attachment, in the manner provided in this chapter
for the collection of rent, and subject to the same liability, and the
action for money or supplies and for rent may be joined in the same action.
Title 29, Chap. 441, §441.300.
Definitions.
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) "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;
(12) "Nuisance", a violation of provisions of the housing code applying
to the maintenance of the buildings or dwellings which the code official
in the exercise of reasonable discretion believes constitutes a threat
to the public health, safety or welfare;
(13) "Occupant", any person occupying a dwelling unit as his or
her place of residence, whether or not that person is occupying the dwelling
unit as a tenant from month to month or under a written lease, undertaking
or other agreement;
(14) "Owner", the record owner or owners, and the beneficial owner
or owners when other than the record owner, of the freehold of the premises
or lesser estate therein, a mortgagee or vendee in possession, assignee
of rents, receiver, personal representative, trustee, lessee, agent, or
any other person in control of a dwelling unit;
(15) "Person", any individual, corporation, association, partnership,
or other entity. Title 29, Chap. 441, §441.500.
Civil action, how maintained--procedure.
1. If any building or dwelling is found to be in violation
of building or housing codes which the county or municipality in the exercise
of reasonable discretion believes constitutes a threat to the public health,
safety or welfare, the county or municipality, in addition to any other
remedies available to it, may apply to a court of competent jurisdiction
for the appointment of a receiver to perform an abatement.
2. At least sixty days prior to the filing of an application for
appointment of a receiver pursuant to sections 441.500 to 441.643, the
county or municipality shall give written notice by regular mail to all
interested parties of its intent to file the application and information
relative to:
(1) The identity of the property;
(2) The violations of the building or housing codes giving rise
to the application for the receiver;
(3) The name, address and telephone number of the person or department
where additional information can be obtained concerning violations and
their remedy; and
(4) The county or municipality which may seek the appointment of
a receiver pursuant to sections 441.500 to 441.643 unless action is taken
within sixty days by an interested party.
3. A county or municipality may not apply for the appointment of a
receiver pursuant to sections 441.500 to 441.643 if an interested party
has commenced and is then prosecuting in a timely fashion an action or
other judicial or nonjudicial proceeding to foreclose a security interest
on the property, or to obtain specific performance of a land sale contract,
or to forfeit a purchaser's interest under a land sale contract.
4. Notice of the application for the appointment of a receiver shall
be served on all interested parties.
5. If, following the application for appointment of a receiver,
one or more of the interested parties elects to correct the conditions
at the property giving rise to the county's or municipality's application
for the appointment of a receiver, the party or parties shall be required
to post security in an amount and character as the court deems appropriate
to ensure timely performance of all work necessary to make corrections,
as well as such other conditions as the court deems appropriate to effect
the timely completion of the corrections by the interested party or 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. Title 29, Chap. 441, §441.510.
Parties to action--designation of registered agent required, when.
1. The action to appoint a receiver authorized by section
441.510 shall be commenced by the filing of a verified petition by the
county or municipality.
2. There shall be named as defendants:
(1) The last owner of record of the dwelling as of the
date of the filing of the petition; and
(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, he must designate an agent upon whom service
of process may be made in this state. The agent shall be a resident of
this state or a corporation authorized to transact business in this state.
The designation shall be in writing and include the address and the name
of the registered agent and shall be filed in the office of the secretary
of state. If no designation is made and filed or if process cannot be
served in this state upon the designated agent, process may be
served upon the secretary of state, but service upon him is not effective
unless the petitioner forthwith mails a copy of the process and pleading
by certified mail to the defendant or respondent at the address stated
on the assessor's records for the subject property. An affidavit of compliance
with this section shall be filed with the clerk of the court.
5. Any action brought pursuant to the provisions of sections 441.500
to 441.643 shall be expedited by the court and may be given precedence
over other suits. Title 29, Chap. 441, §441.520.
Application, contents.
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.
Title 29, Chap. 441, §441.530.
No jury trial.
Trial shall be by the court without a jury. Title 29, Chap.
441, §441.540.
Notice of application filed with recorder of deeds.
In any application for receivership brought pursuant to sections
441.500 to 441.643, the county or municipality shall file for record, with
the recorder of deeds of the county in which any such real estate is situated,
a written notice of the pendency of the suit pursuant to the requirements
of section 527.260, RSMo. From the time of filing such notice the pendency
of suit shall be constructive notice to persons thereafter acquiring an
interest in the building. Title 29, Chap. 441, §441.550.
Denial of entry a defense.
It shall be a sufficient defense to the proceeding if the defendant
establishes that he, the owner or his agent has been unable to obtain entry
to a portion of the premises for the purpose of correcting the nuisance,
notwithstanding his good faith effort so to do, or that the occupants are
in violation of section 441.630. Title 29, Chap. 441, §441.560.
Action of court upon finding a nuisance exists.
The court may, after hearing and finding the dwelling unit or building
constitutes a 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. Title 29, Chap. 441, §441.570.
Payment of rent, effect of.
Upon the entry of an order directing the payment of rents pursuant
to section 441.570, such payment in accordance with the terms of the order
shall be a valid defense to any action or proceeding brought by an owner
against any tenant to recover possession of real property for the nonpayment
of rent due and payable after the date of issuance of the order.
Title 29, Chap. 441, §441.580.
Court orders, provisions.
1. The court may, in any order entered pursuant to section
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, a licensed attorney or real estate
broker, or any other qualified person, as a receiver provided, however,
that all lienholders of record shall be given the right of first refusal
to serve as receiver in the order in which their lien appears of record.
In the event of the refusal of all lienholders of record to serve as receiver
or in the absence of any lienholders of record, the local housing corporation
that is established to promote housing development and conservation in
the area in which such property that is the subject of receivership is
located, if any, shall be given the right of first refusal to serve as
receiver for any residential property consisting of four units or less;
or
(3) Where the building is vacant, appoint the code enforcement agency,
the mortgagee or other lienor of record, a local housing corporation established
to promote development and conservation in the area in which such property
that is the subject of receivership is located, a licensed attorney or
real estate broker, or any other qualified person, as a receiver to remove
all of the housing code violations which constitute a nuisance as found
by the court, except that all lienholders of record shall be given the
right of first refusal to serve as receiver in the order in which their
liens appear of record. In the event of the refusal of all lienholders
of record to serve as receiver or in the absence of any lienholders of
record, the local housing corporation that is established to promote development
and conservation in the area in which such property that is the subject
of receivership is located, if any, shall be given the right of first refusal
to serve as receiver for any residential property consisting of four units
or less.
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 April
28, 1999. Title 29, Chap. 441, §441.590.
(L. 1969 p. 537 § 10, A.L. 1993 S.B. 376, A.L. 1998 H.B. 977 &
1608)
Receiver discharged, when.
The receiver shall be discharged upon rendering a full and complete
accounting to the court when the conditions giving rise to the receivership
have been removed and the cost thereof, and all other costs authorized
by sections 441.500 to 441.640, have been paid or reimbursed and any surplus
money has been paid over to the owner or the mortgagee or any lienor as
the court may direct. However, at any time, the receiver may be discharged
upon filing his account as receiver without affecting the right of the
code enforcement agency to its lien. Upon the removal of the condition
giving rise to the receivership, the owner, the mortgagee or lienor may
apply for the discharge of the receiver upon payment to the receiver of
all moneys expended by the receiver for removal of such condition and all
other costs authorized by sections 441.500 to 441.640 which have not been
paid or reimbursed. Title 29, Chap. 441, §441.600.
Waiver of provisions of sections 441.500 to 441.640 void.
Any provision of a lease or other agreement whereby any provision
of sections 441.500 to 441.643 for the benefit of an occupant of a dwelling
unit or units is waived or denied shall be deemed against public policy
and shall be void. Title 29, Chap. 441, §441.610.
Duties of occupant.
Every occupant of a dwelling unit under the provisions of sections
441.500 to 441.643 shall be responsible to pay all rents due from him or
her when such rents become due and to exercise 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. Title 29, Chap. 441, §441.630.
Court appoints receiver to abate nuisance--holder of title does
not act toregain possession, transfer of title, when.
If the court appoints a receiver to abate a nuisance pursuant to
sections 441.500 to 441.643, and the holder of title to the property or
any other party in interest does not take action to regain possession of
the property within two years of the appointment of the receiver, the court
may, for good cause shown, issue a judicial deed transferring title to
the property to the receiver, or to any not-for-profit corporation organized
pursuant to law. Title 29, Chap. 441, §441.641.
Frivolous suit, attorney's fees.
In the event the court finds that the facts alleged in the petition
filed pursuant to section 441.530 are unfounded and that the petition was
filed frivolously and in bad faith, the petitioner shall be responsible
for the reasonable attorney's fees attributable to the defense of said
petition. Title 29, Chap. 441, §441.643.
Master-metered multitenant dwelling, defined--heat-related utility
service,
delinquency, maintenance of service, how--receivership, when,
procedure.
1. For purposes of this section:
(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.
