To repeal section 535.040, RSMo 1994, relating to landlord tenant relations and to enact in lieu thereof two new sections relating to the same subject.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI,

AS FOLLOWS:

Section A. Section 535.040, RSMo 1994, is repealed and two new sections enacted in lieu thereof, to be known as sections 534.600 and 535.040, to read as follows:

534.600. In an action for unlawful detainer, the complainant shall not terminate any lease, rental agreement, or tenancy and recover possession of any premises in whole or in part upon grounds that the tenant made or filed a complaint to the landlord or landlord's agent or to proper authorities regarding allegedly unlawful housing, building, property, safety or sanitary conditions in or about the demised premises. The defendant may interpose as a defense to any such action by the complainant that the action is in retaliation for any such complaint, and if such defense is established by a preponderance of the evidence, the court shall find for the defendant. If the notice to terminate was served within ninety days of the date of any act of the tenant, coming within the terms of this section, the burden of proving the notice to terminate was not served in whole or in part for a retaliatory purpose shall rest with the complainant. The court shall not find for the defendant on the basis of the defense described herein if:

(1) The violation of the allegedly unlawful housing, building, property, safety or sanitary condition was caused primarily by lack of reasonable care by the defendant;

(2) The defendant is in default in rent; or

(3) Remediation of the allegedly unlawful housing, building, property, safety or sanitary condition requires alteration, remodeling or demolition which would effectively deprive the defendant of use of the demised premises.

535.040. 1. Upon the return of the summons executed, the judge 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 said cause, the judge shall render judgment that the landlord recover the possession of the premises so rented or leased, and also his debt for the amount of the rent then due, with all 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; upon which execution the officer shall deliver possession of the property to the landlord within five days from the time of receiving the said execution, and he shall proceed upon the said execution to collect the debt and costs, and return the writ, as in the case of other executions; and provided further, that if the plaintiff so elects, he may sue for possession alone, without asking for recovery of the rent due.

2. In a hearing conducted under this section, the tenant may raise as a defense that, within six months preceding the hearing the landlord increased the rent in whole or in part in retaliation for the tenant making or filing a complaint to the landlord or landlord's agent or to proper authorities regarding allegedly unlawful housing, building, property, safety or sanitary conditions in or about the demised premises. If the judge conducting the hearing finds the tenant has by a preponderance of the evidence established said defense, then the judge shall permit the tenant to tender the amount of rent due, less twice the amount of said retaliatory increase, and if the tenant tenders that amount the judge shall dismiss the plaintiff's complaint with prejudice, costs to be paid by plaintiff. If the effective date of the increase in rent occurred within ninety days of the date of any act of the tenant coming within the terms of this section, the burden of proving the rent increase was not made in whole or in part for a retaliatory purpose shall rest with the plaintiff. The court shall not find for the defendant on the basis of the defense described herein if:

(1) The violation of the allegedly unlawful housing, building, property, safety or sanitary condition was caused primarily by lack of reasonable care by the defendant; or

(2) The defendant is in default in rent; or

(3) Remediation of the allegedly unlawful housing, building, property, safety or sanitary condition requires alteration, remodeling or demolition which would effectively deprive the defendant of use of the demised premises.