Title XXXVI, STATUTORY ACTIONS AND TORTS

534.080. Form of summons. — The summons shall be endorsed on or annexed to the complaint, and may be in the following form: The state of Missouri, to the sheriff of the county of ______, greeting: You are hereby commanded to summon E F, of the county of ______, to appear before t…

534.090. Serving of summons — service by mail — publication of notice. — 1. Such summons shall be served as in other civil cases at least four days before the court date specified in such summons. 2. If the summons in such action cannot be served in the ordinary manner as provide…

534.100. Return of officer. — The officer shall, on or before the trial day, return the summons and certify thereon, or annex thereto, how he executed it. ­­-------- (RSMo 1939 § 2839) Prior revisions: 1929 § 2453; 1919 § 3001; 1909 § 7663

534.110. Power to issue subpoenas and compel attendance of witnesses. — The judge shall have power to issue subpoenas for witnesses on the application of either party, and if the witnesses summoned do not attend, may issue an attachment to compel their attendance, and may continu…

534.120. Failure to prosecute, nonsuit. — If the complainant fail to attend and prosecute his suit in person, or by agent or attorney, at the time appointed for the hearing of the complaint, he shall be nonsuited, and the defendant shall recover his costs. ­­-------- (RSMo 1939 §…

534.130. Failure of defendant to appear. — If the defendant, being duly summoned, does not appear at the time appointed for hearing the complaint, the judge shall proceed with the hearing of the cause. ­­-------- (RSMo 1939 § 2841, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634) Prior re…

534.140. Both parties appear — proceedings. — When both parties appear before the judge in person, or by agent or attorney, at the time appointed for the trial of the cause, the judge shall proceed to examine the complaint and proofs of the parties, and judgment shall thereupon b…

534.157. Rental properties, transfer of title of real property with outstanding judgments — court filing required. — All transfers of title of real property for rental properties with outstanding collectible judgments shall be filed in the circuit court within thirty days after t…

534.160. Demand for trial by jury. — Either party shall have the right to a jury trial if a timely request therefor is made as in other civil cases. ­­-------- (RSMo 1939 § 2843, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634) Prior revisions: 1929 § 2457; 1919 § 3005; 1909 § 7667 Effect…

534.170. Amendments permitted and new parties added, when. — Any judge may, in open court and at any time, in furtherance of justice and on such terms as may be proper, on motion of either party, allow any complaint, summons, writ or other proceeding to be amended and permit new …

534.180. Depositions may be taken. — Depositions may be taken to be read on trial of any such cause in the same manner as in causes before circuit judges. ­­-------- (RSMo 1939 § 2857, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634) Prior revisions: 1929 § 2471; 1919 § 3019; 1909 § 7681 …

534.190. When depositions may be read. — Every such deposition taken and returned according to law may be read if competent and relevant, as evidence in the cause in the same manner and under the same circumstances as in the trial of civil causes before circuit judges. ­­--------…

534.200. Proof required of complainant. — The complainant shall not be compelled to make further proof of the forcible entry or detainer than that he was lawfully possessed of the premises, and that the defendant unlawfully entered into and detained or unlawfully detained the sam…

534.210. Merits of title cannot be inquired into. — The merits of the title shall in nowise be inquired into, on any complaint which shall be exhibited by virtue of the provisions of this chapter. ­­-------- (RSMo 1939 § 2853) Prior revisions: 1929 § 2467; 1919 § 3015; 1909 § 767…

534.220. Rights under derivative titles may be shown. — Evidence for proof of rights under derivative titles, provided for by this chapter, shall be admissible in actions instituted under this chapter. ­­-------- (RSMo 1939 § 2866) Prior revisions: 1929 § 2480; 1919 § 3028; 1909 …

534.230. Extent of claim of person having lawful possession. — When any forcible entry and detainer, or unlawful detainer, shall be made upon any lands or other possessions, against the provisions of this chapter, the person having the lawful possession, shall, against the wrongd…

534.240. Extent of claim where there has been no survey. — Where no legal survey has been made of such possession, the improvement of the person entitled to the possession shall be in the middle of the tract as near as may be, making the survey as near in a square as may be, not …

534.250. Persons having settlement on public lands may maintain action, when. — Every person who shall have a settlement or field on public land, who shall reside on or be in possession of the same at the time of the forcible entry and detainer, or unlawful detainer, shall have t…

534.260. Heirs, devisees entitled to what remedies. — Heirs, devisees, grantees and assigns of any lands, tenements or other real possessions, and executors and administrators in charge of lands of deceased persons, shall be entitled to the same remedies against persons guilty of…

534.270. If lessor dies, remedy survives to heirs. — If any lessor of any lands, tenements or other real possessions shall die or shall grant or assign such lands or tenement or other real possessions, before the expiration of the term for which they were demised or let, his heir…

534.280. Effect of forfeiture of lease. — The determination of any lease by forfeiture shall, within the purview of this chapter, have the same effect as if the term thereby created had expired. ­­-------- (RSMo 1939 § 2865) Prior revisions: 1929 § 2479; 1919 § 3027; 1909 § 7689…

534.290. New tenant may maintain action, when. — Where the action of unlawful detainer is brought by a landlord against his tenant holding over after the termination of the tenancy, it shall be no defense to show that the plaintiff, before such termination, has let the premises t…

534.300. Three years' possession a bar to the action. — The provisions of this chapter shall not extend to any person who has had the uninterrupted occupation or been in quiet possession of any lands or tenements for the space of three whole years together, immediately preceding …

534.310. Verdict for complainant — what it shall include. — Whenever the verdict of the jury or finding of the judge shall be for the complainant, damages shall be assessed as well for waste and injury committed upon the premises found to have been forcibly or unlawfully detained…

534.320. Verdict may be corrected in matters of form. — No verdict shall be set aside for informality, but the judge may in the presence of the jury, correct the same in matters of form, changing no matter of substance. ­­-------- (RSMo 1939 § 2848, A.L. 1945 p. 1089, A.L. 1978 H…

534.330. Judgment on verdict for complainant. — 1. If the verdict of the jury or the finding of the judge is for the complainant, the judge shall record the verdict or finding, and the judgment shall be that the complainant have restitution of the premises found to have been forc…

534.340. Transcript of judgment — revived and enforced, how. — Such judgment may be filed, transcripted and shall have like effect as other judgments and may be revived and enforced in the same manner. ­­-------- (RSMo 1939 § 2862, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634) Prior re…

534.345. Notice of default judgment in eviction proceeding must be sent to defaulting party. — In an action pursuant to chapter 441, chapter 524, or this chapter, the court in entering a judgment for possession of the premises shall, if the defendant defaults, send a notice to th…

534.347. Unauthorized sublessor or assignor of leased premises, double damages, when. — In any action against any tenant to recover rent, or possession of any premises pursuant to chapter 534 or 535, if it appears from the evidence that such tenant allowed another person or perso…

534.350. Execution — when issued and levied. — The judge rendering judgment in any such cause may issue execution at any time after judgment, but such execution shall not be levied until after the expiration of the time allowed for the taking of an appeal, except execution for th…

534.355. Court may include in judgment of possession an order to sheriff requiring delivery of premises to prevailing party within fifteen days. — In an action pursuant to chapter 441, chapter 524, chapter 535, or this chapter, the court in entering a judgment for possession of t…

534.370. Form of execution against defendant. — Executions against defendants shall contain a clause of restitution, and, in other respects, conform to the judgment, and may be in the following form: The state of Missouri, to the sheriff of the county of ______, greeting: Whereas…

534.380. Judgment stay for appeals. — Applications for appeals shall be allowed and conducted in the manner provided as in other civil cases. Application for appeal shall not stay execution for restitution of the premises unless the defendant gives bond within the time for appeal…

534.540. Proceedings on default of defendant. — In case of a judgment by default, a jury, or the court if no jury be required, shall assess the monthly value of the premises, and the damages and judgment shall be rendered on the verdict accordingly. ­­-------- (RSMo 1939 § 2901) …

534.570. Appeals to supreme court — supersedeas. — No appeal to the appellate or supreme court shall operate as a stay of execution, nor shall any supersedeas be awarded to the party in possession, unless the condition of the recognizance contain the substance of the condition pr…

534.590. Writs of restitution, against whom executed. — The officer having charge of a writ of restitution or rerestitution, or execution with a clause to that effect, shall have power to expel and remove from the premises mentioned and defendant therein named, his servants and o…

534.602. Unlawful occupancy of residential dwelling, removal of — definitions — petition, procedure — ex parte order, effect of — permanent exclusion, when — sheriff enforcement. — 1. For purposes of this section, the following terms mean: (1) "Petitioner", the property owner, or…

534.604. Violation of ex parte order for unlawful occupancy of residential dwelling — arrest, when — penalty. — 1. When a law enforcement officer has probable cause to believe that a party, against whom an ex parte order under section 534.602 has been entered and who has notice o…

535.010. If rent be not paid as agreed, landlord may recover possession, how. — In all cases in which lands and tenements are or shall be rented or leased, and default shall be made in the payment of the rents at the time or times agreed upon by the parties, it shall be lawful fo…

535.012. Eviction proceedings, moratorium prohibited, when. — No county, municipality, or other political subdivision shall impose or enforce a moratorium on eviction proceedings unless specifically authorized by state law. ­­-------- (L. 2024 H.B. 2062 merged with S.B. 895 § 67.…

535.020. Procedure to recover possession — filing of statement — issuance of summons — procedure. — Whenever any rent has become due and payable, and payment has been demanded by the landlord or the landlord's agent from the lessee or person occupying the premises, and payment th…

535.030. Service of summons — court date included in summons. — 1. Such summons shall be served as in other civil cases at least four days before the court date in the summons. The summons shall include a court date which shall not be more than twenty-one business days from the d…

535.040. Upon return of summons, cause to be heard — landlord not liable, when — landlord notification of property left by tenant. — 1. Upon the return of the summons executed, the judge shall set the case on the first available court date and shall proceed to hear the cause, and…

535.050. Process shall not issue until expiration of lease, when. — When the property is held by a written lease containing a clause declaring the lease forfeited for the nonpayment of rent for a specified time, no process shall issue against the lessee or other person occupying …

535.060. Demand of rent good, when. — Any demand of rent, or rent and possession, by a landlord or 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 right to rent and possession accrues or the …

535.070. Purchaser of leased lands may recover possession. — If any person 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 prop…