To repeal sections 441.020, 441.040, 441.060, 441.130, 441.140, 534.030, 534.090, 534.330, 534.380, 535.060, 535.070, 535.080, 535.090, 535.120, 535.130, 535.140, 535.150, 535.160, and 535.170, RSMo 1994, relating to landlord and tenant relations, and to enact in lieu thereof twenty-three new sections relating to the same subject.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

Section A. Sections 441.020, 441.040, 441.060, 441.130, 441.140, 534.030, 534.090, 534.330, 534.380, 535.060, 535.070, 535.080, 535.090, 535.120, 535.130, 535.140, 535.150, 535.160, and 535.170, RSMo 1994, are repealed and twenty-three new sections enacted in lieu thereof, to be known as sections 441.005, 441.020, 441.040, 441.060, 441.065, 441.130, 441.140, 534.030, 534.090, 534.330, 534.380, 534.385, 535.060, 535.065, 535.070, 535.081, 535.090, 535.120, 535.130, 535.140, 535.150, 535.160, and 535.170, to read as follows:

441.005. Except as otherwise provided, when used in chapter 534, RSMo, chapter 535, RSMo, and this chapter, the following terms mean:

(1) "Lease", a written or oral agreement for the use or possession of premises;

(2) "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;

(3) "Rent", all charges or expenses other than damage assessments and attorney's fees, 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. Any charges and expenses provided under this definition shall be subject to any applicable limitations imposed under federal law for federally subsidized housing.

441.020. Whenever any lessee of any house, apartment or building [shall suffer] permits any prohibited gaming table, bank or device to be set up or be kept or used [therein] 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 [thereof] of the premises as in the case of a tenant holding over [his] the tenant's term.

441.040. If any tenant [shall violate] violates the provisions of section 441.020 or 441.030, the landlord, or person holding under [him] the landlord, after giving ten days' notice to [quit] vacate possession, shall have a right to reenter the premises and take possession [thereof] of the premises, or to oust the tenant, subtenant or undertenant by the proper procedure. 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 possession, sale or distribution of controlled substances.

441.060. 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 [him] the person to [remove] vacate the premises.

2. 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 [his] the party's agent, giving to the other party, or [his] the party's agent, one month's notice, in writing, of [his] the party's intention to terminate such tenancy.

3. 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.

4. 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 officer fails to deliver possession of the premises to the landlord within fifteen days of the delivery of the writ to such officer, the landlord may, in the presence of a law enforcement officer, without breach of the peace, break and remove locks, enter and take possession of the premises and remove any household goods, furnishing, fixtures or any other personal property left in or at the premises, at the tenant's expense. Any property that is left in or at the premises shall be removed from the dwelling and placed at or near any public easement upon such premises or lands; or at the landlord's option, the landlord may, subject to the provisions of chapter 513, RSMo, sell at public auction the amount of such property as may be required to satisfy any money judgment against the tenant.

5. Except for willful or wanton acts or omissions of the landlord, the landlord shall have no liability for loss or damage to any household goods, furnishing, 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.

441.065. Any property of a tenant remaining in or on 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 reasonably believes that the premises have been abandoned; and

(2) The rent is due and has been unpaid for twenty 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: "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."; and

(4) The tenant fails to 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.

441.130. If the owner or holder [alien] of the lands, tenements, an estate or a lease term alienates or [assign his] assigns such owner's or holder's lands, tenement, estate or term, or the rent thereafter to fall due [thereon, his] 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.

441.140. 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 [effectual] shall be effective without [attornment] the consent of the tenants; but no tenant, who, before notice of the grant [shall have paid], pays the rent to the grantor, shall suffer any damage [thereby] for such payment.

534.030. When any person [shall] willfully and without force [hold] holds over any lands, tenements or other possessions, after the termination of the time for which [they were] such person was demised or let to [him] the person, or the person under whom [he] such person claims; or after a mortgage or deed of trust has been foreclosed and the person has received notice of a foreclosure; or when premises are occupied incident to the terms of employment and the employee holds over after the termination of such employment; or when any person wrongfully and without force, by disseisin, shall obtain and continue in possession of any lands, tenements or other possessions, and after demand made, in writing, for the delivery of [the] such possession [thereof] of the premises by the person having the legal right to such possession, [his] or the person's agent or attorney, shall refuse or neglect to [quit] vacate such possession, such person [shall be deemed] is guilty of an "unlawful detainer".

534.090. 1. Such summons shall be served as in other civil cases at least [five] four days before the return day [thereof] of such summons.

2. If the [officer, or other persons empowered to execute the summons, shall return that the defendant is not found, or that he has absconded or absented himself from his usual place of abode in this state] summons in such action cannot be served in the ordinary manner as provided by law, it shall be the duty of the judge before whom the proceeding is commenced, at the request of the plaintiff, to make an order directing that notices shall be set up for ten days on the premises in question and in one public place in the county where the defendant was believed to dwell, informing the defendant of the commencement of the proceedings against [him] the defendant and to make an order directing that a copy of the summons be delivered to the defendant at [his] the defendant's last known address by certified mail, return receipt requested, delivered to addressee only. [And] On proof of the notice and of the mailing of the notice by certified mail by affidavit of some competent witness, 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 where the defendant is in default no money judgment shall be granted the plaintiff under the order of publication and certified mail procedure set forth [herein] in this section.

534.330. If the verdict of the jury or the finding of the judge [be] is for the complainant, the judge shall record the [same] verdict, and the judgment shall be that the complainant have restitution of the premises found to have been forcibly or unlawfully detained, and recover [of] from the defendant the sum of .... dollars, [double the sum assessed by the jury, or found for his damages; and also at the rate of .... dollars, double the sum found per month, for rents and profits, from the .... day of ...., 19.., the day of judgment, until restitution be made, together with costs.] which shall be:

(1) Double the sum assessed as damages for rent and other sums due under a lease for rental charges for the period of time after the termination of the lease and until restitution of the premises is made; and

(2) The amount of court costs incurred by the lessor.

534.380. 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 [be allowed unless a bond which is sufficient to act as a supersedeas of the judgment is filed with the court within ten days after rendition of the judgment.] not stay execution for restitution unless the defendant gives bond within the time for the appeal. Execution other than for restitution shall be stayed if the defendant files a bond in the proper amount at any time.

534.385. Any bond given pursuant to section 534.380 shall be in the amount of the judgment and the defendant shall pay all subsequently accrued rent, if any, into the court within ten days after it becomes due, pending determination of the trial de novo or appeal. However, in any case in which the tenant receives a reduction in rent due to a local, state or federal subsidy program, the amount of the bond shall be the amount of the judgment, plus the tenant's monthly contribution for rent as it becomes due, exclusive of the amount of the subsidy.

535.060. Any demand of rent, or rent and possession, by a landlord or [his] 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 [said] right to rent and possession accrues or the rent becomes due according to the terms of the agreement, whether by written lease or otherwise.

535.065. In any action against any tenant to recover rent, or possession of any premises under this chapter, if it appears from the evidence that such tenant allowed another person to come into possession of any lands or tenements under or by collusion with such tenant and without the permission of the landlord, held over after expiration of the term of the tenant's tenancy, the court may, in addition to the rent due, allow the prevailing party reasonable attorney's fees and damages not to exceed twice the amount of the rent due. Nothing in this section, shall be construed to limit the landlord's ability to recover attorney's fees, other expenses or damages, or to pursue other remedies provided in the lease.

535.070. If any person [purchase] 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 [a magistrate] an associate circuit judge to recover rent, and possession, [as above provided.] under the terms of the prior owner's lease, for 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.

[535.080. Before such proceedings are commenced, the plaintiff or his agent shall make a demand of rent, as provided, and, at the time of making the demand, shall exhibit to the tenant or person in possession of the premises the deed under which he claims title, and if payment be then refused, the owner may commence his action as aforesaid.]

535.081. The right of a successor in title to recover rents pursuant to section 535.070 requires adequate and timely notice to the tenant. For purposes of this section, "adequate and timely notice" means that the purchaser shall notify tenants in writing that title to the property has been transferred, 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.

535.090. It shall be sufficient for such person purchasing lands or tenements under section 535.070 to file [his] the person's complaint, verified by affidavit, stating by whom the premises were leased or rented, and the terms of such lease or renting, and how [he] such person claims title to the [same] lands or tenements; and upon the trial of the cause, if the plaintiff [show] shows that the party in possession, or those under whom [he] the plaintiff 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, [he] the plaintiff shall be entitled to recover possession and rent accruing after the transfer and while the tenant was in possession.

535.120. Whenever [a half year's] rent [or more] is in arrear from a tenant, the landlord, if [he] the landlord 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.

535.130. If the summons in [such] an action under section 535.120 cannot be served in the ordinary [mode] manner as 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.

535.140. [The] Service of the complaint and summons [in such action] as provided in chapter 441, RSMo, chapter 524, RSMo, chapter 534, RSMo, and this chapter, shall be [deemed and stand instead of] a sufficient demand of the rent in arrear, and of a reentry on the demised premises.

535.150. If, upon the trial of [such] an action brought pursuant to this chapter, it is proved, or, upon judgment by default, it [appear] appears to the court, by affidavit, that the plaintiff had a right to commence such action according to the provisions of this chapter, [he] the plaintiff shall have judgment to recover the possession of the demised premises, rent and costs, except that 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 535.130 unless the defendant otherwise enters an appearance.

535.160. If the defendant, on the date any money judgment is given in any action under this chapter, either [tender] tenders to the landlord, or [bring] brings into the court where the suit is pending, all the rent then in arrears, and all the costs, [all] 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; [provided, however,] 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.

535.170. After the execution of [such] any judgment for possession pursuant to this chapter, the lessee and [his] 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, [and] the landlord shall from [thenceforth] that day hold the demised premises discharged from the lease. Nothing in this section shall preclude an aggrieved party from perfecting an appeal as to any judgment rendered.