This provision is identical to provisions contained in the truly agreed and finally passed versions of HB 1553 (2014) and SB 672 (2014), HCS/SB 655 (2014), HCS/SCS/SB 824 (2014), and similar to HCS/SB 693 (2014).

Currently, the definition of "lessee" includes any person residing at the premises with the lessee's permission. This act modifies the definition of the term "lessee" by restricting it to only persons who have leased the premises and are obligated to pay rent and adds statutory definitions for the terms "landlord" and "tenant." Under the act, an "occupant" is defined as a person lawfully occupying a dwelling either as a tenant or a lessee, as previously defined (441.005, 441.500).

That act provides that if a court finds that a person residing at a property is not a tenant or lessee then the court shall order the immediate removal of such person from a property. In immediate eviction procedures, the tenant shall have twenty-four hours to vacate the premises following the court order for immediate eviction. After the twenty-four hours following the order, the landlord shall have the right to re-enter and take possession of the rental property. (441.760, 441.770).

These provisions are identical to the truly agreed to and finally passed version of SB 655 (2014).

This act removes landlord tenant, unlawful detainer, and forcible entry and detainer actions from the list of actions in which an aggrieved party must apply for a trial de novo for redress. The act provides that such actions are appealable (512.180).

Forcible entry and detainer and unlawful detainer actions must be heard on the record, and the practice and procedures for civil cases originally filed before an associate circuit judge as provided in Chapter 517 shall apply to such actions (534.060).

Current law provides that the sheriff must attempt to serve any summons within four days of the date of issuance by a Jackson County landlord-tenant court. The act removes the language which requires the sheriff to be the person to serve the summons (535.210).

These provisions are substantially similar to HCS/SCS/SB 824 (2014), and to the truly agreed to and finally passed version of SB 655 (2014).

The act also removes the claim of right defense for tenants that willfully cause damage to rental property in property damage cases (569.130).

This provision is identical to SB 911 (2014), and to the truly agreed to and finally passed version of SB 655 (2014).

JESSICA BAKER