This Fiscal Note is not an official copy and should not be quoted or cited.
Fiscal Note - SB 0646 - Landlord & Tenants: Eviction & Rent Recovery
L.R. NO. 2260-01
BILL NO. SB 646
SUBJECT: Civil Procedure: Landlord/Tenants
TYPE: Original
DATE: January 12, 1996
FISCAL SUMMARY
ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 1997 FY 1998 FY 1999
General Revenue (Under $100,000) (under $100,000) (Under $100,000)
Total Estimated
Net Effect on All
State Funds (Under $100,000) (Under $100,000) (Under $100,000)
ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 1997 FY 1998 FY 1999
NONE $0 $0 $0
Total Estimated
Net Effect on All
Federal Funds $0 $0 $0
ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 1997 FY 1998 FY 1999
Local Government $0 $0 $0
FISCAL ANALYSIS
ASSUMPTION
Officials from the Office of State Courts Administrator (CTS) report that
there were approximately 27,600 landlord/tenant cases disposed of in FY 95.
Because of the high volume of cases, even a relatively small increase in
filings and/or an increase of a few additional minutes in procedural
requirements can combine to increase the clerical workload of the courts.
Depending on how the proposed legislation would be implemented by landlords,
there could be a significant increase in the number and complexity of the
cases.
CTS states that any workload increase and associated costs would depend on
the volume of additional cases that might be filed, appealed or both.
However, it is assumed by CTS that additional costs associated with the
proposed legislation would not exceed $100,000 in any one fiscal year.
Officials from the Office of Prosecution Services, the Office of the State
Public Defender, the Department of Public Safety (Missouri State Highway
Patrol), and the Department of Revenue assume the proposed legislation would
have no fiscal impact on their respective budgets.
FISCAL IMPACT - State Government FY 1997 FY 1998 FY 1999
(10 Mo.)
GENERAL REVENUE FUND
Cost - State Courts Administrator
Costs incurred under this proposal should not exceed $100,000 in
any one fiscal year.
ESTIMATED NET EFFECT ON (Under (Under (Under
GENERAL REVENUE FUND $100,000) $100,000) $100,000)
FISCAL IMPACT - Local Government FY 1997 FY 1998 FY 1999
(10 Mo.)
$0 $0 $0
DESCRIPTION
The proposed legislation would make numerous changes to the landlord/tenant
law concerning the recovery of rent and possession of the property.
The proposed legislation would make a lease become void if a tenant allows
the illegal possession, sale or distribution of controlled substances upon
the premises; however, the landlord would have the burden of proof.
The landlord or tenant would be able to terminate a month-to-month tenancy
with at least one month's written notice. It would also allow a landlord to
break a lock and take possession of a property under certain circumstances.
A tenant's abandoned personal property could also be disposed of by the
landlord in certain situations. It would also define unlawful detainer and
collusion and provide relief to the landlord in both situations.
The proposed legislation would allow a landlord to recover possession of the
property if the tenant is in arrears on rental payments, removing the six
month prior minimum, and it would bar tenants from reentering the property.
This legislation is not federally mandated, would not duplicate any other
program and would not require additional capital improvements or rental
space.
SOURCES OF INFORMATION
Office of State Courts Administrator
Office of Prosecution Services
Office of the State Public Defender
Department of Public Safety
Department of Revenue