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SCS/HCS/HB 1410 - 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. Application for such appeals shall be conducted as provided by the Missouri Rules of Civil Procedure, rather than Chapter 512 which provides procedures for an appeal and a trial de novo in civil cases. 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. 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. This act is similar to SB 886 (2014). JESSICA BAKER SA 1 - THE ACT PROVIDES THAT APPLICATIONS FOR APPEALS FROM FORCIBLE ENTRY AND DETAINER, UNLAWFUL DETAINER, OR LANDLORD-TENANT ACTIONS SHALL BE CONDUCTED IN A MANNER PROVIDED BY THE MISSOURI RULES OF CIVIL PROCEDURE. THIS AMENDMENT PROVIDES THAT SUCH APPEALS SHALL BE CONDUCTED IN THE MANNER UNDER CURRENT LAW PROVIDED IN CHAPTER 512. SA 2 - CURRENTLY, THE DEFINITION OF "LESSEE" INCLUDES ANY PERSON RESIDING AT THE PREMISES WITH THE LESSEE'S PERMISSION. THIS AMENDMENT 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 AMENDMENT, AN "OCCUPANT" IS DEFINED AS A PERSON LAWFULLY OCCUPYING A DWELLING EITHER AS A TENANT OR A LESSEE, AS PREVIOUSLY DEFINED. THE AMENDMENT ALSO PROVIDES THAT 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. 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. THIS AMENDMENT ALSO REMOVES THE CLAIM OF RIGHT DEFENSE FOR TENANTS THAT WILLFULLY CAUSE DAMAGE TO RENTAL PROPERTY IN PROPERTY DAMAGE CASES. THIS AMENDMENT IS IDENTICAL TO THE PERFECTED VERSION OF SB 655 (2014). SA 3 - THIS AMENDMENT MODIFIES THE EXPIRATION DATE ON THE REQUIREMENT THAT BUILDERS OF ONE AND TWO FAMILY DWELLINGS MUST OFFER TO INSTALL FIRE SPRINKLERS IN THE HOME FROM DECEMBER 31, 2019 TO DECEMBER 31, 2024.
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