Title XXXVI, STATUTORY ACTIONS AND TORTS

535.120. Action brought, when. — Whenever one month's rent or more is in arrear from a tenant, the landlord, if he 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. ­­-------- (RSMo 193…

535.130. Summons in such action, how served. — If the summons in such action cannot be served in the ordinary mode 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. Service shall stand instead of demand. — Service of the complaint and summons in such action shall be a sufficient demand of the rent in arrear, and of a reentry on the demised premises. ­­-------- (RSMo 1939 § 2981, A.L. 1997 H.B. 361) Prior revisions: 1929 § 2594; 1919…

535.150. Judgment for recovery of demised premises. — If, upon the trial of such action, it is proved, or, upon judgment by default, it appear to the court, by affidavit, that the plaintiff had a right to commence such action according to the provisions of this chapter, he shall …

535.160. Tender of rent and costs on judgment date, effect — not bar to landlord's appeal — no stay of execution if no money judgment, exceptions. — If the defendant, on the date any money judgment is given in any action pursuant to this chapter, either tenders to the landlord, o…

535.170. Lessee barred from relief, when — appeal permitted, when. — After the execution of any judgment for possession pursuant to this chapter, the lessee and the lessee's assignees, and all other persons deriving title under the lease from such lessee, shall be barred from ree…

535.180. Reservation in favor of mortgagee of lease in such case. — A mortgagee of such lease, not in possession of such demised premises, who within three months after execution of any such judgment shall pay all rent in arrear, and all costs, and the charges incurred by the lan…

535.185. Tenant to be furnished address of person managing property and address to receive notices and service of process — post office box address, procedure — violation, effect. — 1. The landlord of residential property or any person authorized to enter into a rental agreement …

535.200. Landlord-tenant court authorized in City of St. Louis, jurisdiction — landlord-tenant commissioners, powers and qualifications — landlord-tenant court procedures. — 1. In the twenty-second judicial circuit, upon adoption of an ordinance by the City of St. Louis providing…

535.210. Landlord-tenant court authorized in Jackson County, jurisdiction — landlord-tenant commissioners, powers and qualifications — landlord-tenant court procedures. — 1. In the sixteenth judicial circuit, upon adoption of an ordinance by Jackson County providing for expenditu…

535.300. Security deposits, limitation — holding of security deposits, requirements — return of deposit or notice of damages, when — withholding deposit, when — tenant's right to damages — security deposit defined. — 1. A landlord may not demand or receive a security deposit in e…

536.010. Definitions. — For the purpose of this chapter: (1) "Affected small business" or "affects small business" means any potential or actual requirement imposed upon a small business or minority small business through a state agency's proposed or adopted rule that will cause …

536.014. Rules invalid, when. — No department, agency, commission or board rule shall be valid in the event that: (1) There is an absence of statutory authority for the rule or any portion thereof; or (2) The rule is in conflict with state law; or (3) The rule is so arbitrary and…

536.015. Missouri Register published at least monthly. — There is established a publication to be known as the "Missouri Register", which shall be published in a format and medium as prescribed by the secretary of state no less frequently than monthly by the secretary of state. ­…

536.016. Requirements for rulemaking — proposed rules to be made available on agency website. — 1. Any state agency shall propose rules based upon substantial evidence on the record and a finding by the agency that the rule is necessary to carry out the purposes of the statute th…

536.017. Taking of private property defined — proposed rules require takings analysis, when, purpose, procedure — rule invalid, when — exceptions. — For purposes of this section, "taking of private property" shall mean an activity wherein private property is taken such that compe…

536.018. "Agency" and "state agency" not to include institutions of higher education if sufficient safeguards for contested cases provided by institutions. — The term "agency" and the term "state agency" as defined by section 536.010 shall not include an institution of higher edu…

536.021. Rules, procedure for making, amending or rescinding — notice of — rules effective when, exception — effective date to be printed in code of state regulations — failure of agencies to promulgate a required rule — effect — exception — letter ruling authorized for departmen…

536.022. Suspension or termination of rules — procedure. — 1. If any rule or portion of a rule of a state agency is suspended or terminated by action of the governor, a court or other authority, the state agency shall immediately file a notice of such action with the secretary of…

536.023. Procedures for numbering, indexing and publishing to be prescribed by secretary of state. — 1. The secretary of state shall prescribe in a format and medium as prescribed by the secretary of state and in writing upon request uniform procedures for the numbering, indexing…

536.024. Validity of rules promulgated by state agency dependent on compliance with procedural requirements — powers and duties of joint committee. — 1. When the general assembly authorizes any state agency to adopt administrative rules or regulations, the granting of such rulema…

536.025. Emergency rule powers — procedure — definitions. — 1. A rule may be made, amended or rescinded by a state agency without following the provisions of section 536.021, only if the state agency: (1) Finds that an immediate danger to the public health, safety or welfare requ…

536.026. Comments on proposed rules — committees for comment. — 1. In addition to seeking information by other methods, an agency may solicit comments from the public on the subject matter of a rule that the agency is considering proposing. The agency may file a notice of the rul…

536.027. Written comments to be retained as public record for three years. — Any written comment filed pursuant to section 536.021 in support of or opposition to a notice of proposed rulemaking and any written record of a public hearing in connection with a notice of proposed rul…

536.031. Code to be published — to be revised monthly — incorporation by reference authorized. — 1. There is established a publication to be known as the "Code of State Regulations", which shall be published in a format and medium as prescribed by the secretary of state from time…

536.032. Code of state regulations, secretary of state authorized to make nonsubstantive changes, when. — Upon the filing of a request by a state agency with the joint committee on administrative rules and the secretary of state concurrently, and after publication in the Missouri…

536.033. Sale of register and code of state regulations, cost, how established — correction of clerical errors authorized. — 1. Copies or subscription of the register or code shall be made available to the public by the secretary of state upon request for a reasonable charge to b…

536.035. Rules and orders to be permanent public record — executive orders to be published in the Missouri Register. — 1. All rules or executive orders filed with the secretary of state pursuant to sections 536.015 to 536.043 shall be retained permanently and shall be open to pub…

536.037. Committee on administrative rules, members, meetings, duties — reports — expenses. — 1. There is established a permanent joint committee of the general assembly to be known as the "Committee on Administrative Rules", which shall be composed of five members of the senate …

536.041. Any person may petition agency concerning rules, agency must furnish copy to committee on administrative rules and commissioner of administration together with its action — agency recommendations, procedure. — Any person may file a written petition with an agency request…

536.043. Director of social services not required to but may promulgate rules. — Notwithstanding the provisions of section 189.060, the director of social services shall not be required to promulgate rules provided for in said section, although he may elect to do so as therein pr…

536.046. Public rulemaking docket, contents, publication. — Each agency may maintain a public rulemaking docket. The rulemaking docket may contain a listing of the precise subject matter of each rule that the agency is considering proposing. The docket may also contain the name a…

536.050. Declaratory judgments respecting the validity of rules — fees and expenses — standing, intervention by general assembly. — 1. The power of the courts of this state to render declaratory judgments shall extend to declaratory judgments respecting the validity of rules, or …

536.053. Standing to challenge rule. — Any person who is or may be aggrieved by any rule promulgated by a state agency shall have standing to challenge any rule promulgated by a state agency and may bring such an action pursuant to the provisions of section 536.050. Such person s…

536.055. Correspondence from state agencies, information required — must be printed or typed. — All correspondence sent from any state agency shall contain the name, address and phone number of the person or agency responsible for sending the correspondence. The name, address and…

536.060. Informal disposition of case by stipulation — summary action — waiver. — Contested cases and other matters involving licensees and licensing agencies described in section 621.045 may be informally resolved by consent agreement or agreed settlement or may be resolved by s…

536.063. Contested case, how instituted — pleadings — copies sent parties. — In any contested case: (1) The contested case shall be commenced by the filing of a writing by which the party or agency instituting the proceeding seeks such action as by law can be taken by the agency …

536.067. Notice in contested case — mailing — contents — notice of hearing — time for. — In any contested case: (1) The agency shall promptly mail a notice of institution of the case to all necessary parties, if any, and to all persons designated by the moving party and to any ot…

536.068. Responsive pleadings to petitioner's complaint or petition to be filed, when — extension — content — bench ruling or memorandum decision on request, when. — 1. In any proceeding before the administrative hearing commission, any responsive pleading to the petitioner's com…

536.070. Evidence — witnesses — objections — judicial notice — affidavits as evidence — transcript. — In any contested case: (1) Oral evidence shall be taken only on oath or affirmation; (2) Each party shall have the right to call and examine witnesses, to introduce exhibits, to …

536.073. Depositions, use of — how taken — discovery, when available — enforcement — administrative hearing commission to make rules for depositions by stipulation — rules subject to suspension by joint committee on administrative rules. — 1. In any contested case before an agenc…

536.075. Discovery rule violations, sanctions. — In any proceeding before the administrative hearing commission, where a party to the proceeding moves for sanctions for an alleged violation of any discovery rule, the moving party shall in the motion certify that reasonable effort…

536.077. Subpoenas, issuance — form — how served — how enforced. — In any contested case before an agency created by the constitution or state statute, such agency shall upon request of any party issue subpoenas and shall in a proper case issue subpoenas duces tecum. Subpoenas ot…

536.080. Parties may file briefs — officials to hear or read evidence. — 1. In contested cases each party shall be entitled to present oral arguments or written briefs at or after the hearing which shall be heard or read by each official of the agency who renders or joins in rend…

536.083. Hearing officer not to conduct rehearing or appeal involving same issues and parties. — Notwithstanding any other provision of law to the contrary, in any administrative hearing conducted under the procedures established in this chapter, and in any other administrative h…

536.085. Definitions. — As used in section 536.087, the following terms mean: (1) "Agency proceeding", an adversary proceeding in a contested case pursuant to this chapter in which the state is represented by counsel, but does not include proceedings for determining the eligibili…