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2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 441 - Landlord and Tenant › Section 441.280 - Landlord's lien on crops for rent.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 441
• Effective - 28 Aug 1939
441.280. Landlord's lien on crops for rent. —
Every landlord shall have a lien upon the crops grown on the demised premises in any year, for the rent that shall accrue for such year, and such lien shall continue for eight months after such rent shall become due and payable, and no longer. When the demised premises or any portion thereof are used for the purpose of growing nursery stock, a lien shall exist and continue on such stock until the same shall have been removed from the premises and sold, and such lien may be enforced by attachment in the manner herein provided.
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(RSMo 1939 § 2976)
Prior revisions: 1929 § 2589; 1919 § 6885; 1909 § 7888
(1993) Landlord's lien on tenant's crops attach in year crops sprout, rather than in year crops are harvested and sold. Lien for 1989 rent attached to crops planted in 1989 and harvested in 1990. Jenkins v. Missouri Farmers Association, Inc., 851 S.W.2d 542 (Mo. App. W.D.).
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 441 - Landlord and Tenant › Section 441.290 - Landlord's lien for money or supplies furnished tenant.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 441
• Effective - 28 Aug 1939
441.290. Landlord's lien for money or supplies furnished tenant. —
Every landlord shall have a superior lien, against which the tenant shall not be entitled to any exemption, upon the whole crop of the tenant raised upon the leased or rented premises, to reimburse the landlord for money or supplies furnished to the tenant to enable him to raise and harvest the crops or to subsist while carrying out his contract of tenancy, but the lien of the landlord shall not continue for more than one hundred and twenty days after the expiration of the tenancy, and, if the property upon which there is a lien be removed from the leased premises and not returned, the landlord shall have a superior lien upon the property so removed for fifteen days from the date of this removal, and may enforce his lien against the property wherever found.
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(RSMo 1939 § 2977)
Prior revision: 1929 § 2590
(1968) Section 441.300, RSMo, does not prescribe an exclusive method of enforcement of the lien created by this section. Oliver v. Fisher (A.), 430 S.W.2d 611.
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 441 - Landlord and Tenant › Section 441.300 - Lien, how enforced.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 441
Effective - 28 Aug 1939
441.300. Lien, how enforced. —
The landlord may enforce the lien given in sections 441.280 and 441.290 by distress or attachment, in the manner provided in this chapter for the collection of rent, and subject to the same liability, and the action for money or supplies and for rent may be joined in the same action.
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(RSMo 1939 § 2978)
Prior revision: 1929 § 2591
(1968) This section does not prescribe an exclusive method of enforcement of the lien created by section 441.290. Oliver v. Fisher (A.), 430 S.W.2d 611.
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 441 - Landlord and Tenant › Section 441.520 - Parties to action — designation of registered agent required, when.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 441
• Effective - 28 Aug 2001
441.520. Parties to action — designation of registered agent required, when. —
1. The action to appoint a receiver authorized by section 441.510 shall be commenced by the filing of a verified petition by the county, municipality, local housing corporation or neighborhood association.
2. There shall be named as defendants:
(1) The last owner of record of the dwelling as of the date of the filing of the petition; and
(2) The last holder of record of any mortgage, deed of trust, or other lien of record against the building as of the date of the filing of the petition.
3. Any owner of the dwelling who is not a party defendant may be permitted by the court to join as a party defendant.
4. (1) Any owner, whether or not a citizen or resident of this state, who in person or through agent, owns, uses, or is possessed of any real estate situated in this state thereby subjects himself or itself to the jurisdiction of the courts of this state as to any cause of action arising pursuant to the provisions of sections 441.500 to 441.643. Personal service of process shall be made in accordance with the rules of civil procedure; provided that, if such service cannot with due diligence be made, service of process may be made by personally serving process upon the defendant outside this state, or by service in accordance with the rules of civil procedure as in all cases affecting a res within the jurisdiction of the court.
(2) If a landlord of residential property is not a resident of this state or is a corporation, the landlord shall designate an agent upon whom service of process may be made in this state. The agent shall be a resident of this state or a corporation authorized to transact business in this state. The designation shall be in writing and include the address and the name of the registered agent and shall be filed in the office of the secretary of state. If no designation is made and filed or if process cannot be served in this state upon the designated agent, process may be served upon the secretary of state, but service upon him or her is not effective unless the petitioner forthwith mails a copy of the process and pleading by certified mail to the defendant or respondent at the address stated on the assessor's records for the subject property. An affidavit of compliance with this section shall be filed with the clerk of the court.
5. Any action brought pursuant to the provisions of sections 441.500 to 441.643 shall be expedited by the court and may be given precedence over other suits.
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(L. 1969 p. 537 § 3, A.L. 1971 H.B. 205, A.L. 1995 H.B. 383, A.L. 1998 H.B. 977 & 1608, A.L. 2001 H.B. 133)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 441 - Landlord and Tenant › Section 441.530 - Application, contents.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 441
• Effective - 28 Aug 1998
441.530. Application, contents. —
The application shall state:
(1) The facts constituting a nuisance with respect to the dwelling unit, building or premises of which the dwelling unit is a part;
(2) That violations of the housing code exist as determined by a notice of deficiency;
(3) That the owner of said property has failed, within a reasonable time, to undertake to remove said nuisance;
(4) If the action is brought by occupants, the number of dwelling units occupied by plaintiffs and the number of dwelling units in the building; and
(5) The relief sought as authorized by sections 441.570 and 441.590.
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(L. 1969 p. 537 § 4, A.L. 1998 H.B. 977 & 1608)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 441 - Landlord and Tenant › Section 441.540 - No jury trial.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 441
• Effective - 28 Aug 1969
441.540. No jury trial. —
Trial shall be by the court without a jury.
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(L. 1969 p. 537 § 5)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 441 - Landlord and Tenant › Section 441.550 - Notice of application filed with recorder of deeds.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 441
• Effective - 28 Aug 2001
441.550. Notice of application filed with recorder of deeds. —
In any application for receivership brought pursuant to sections 441.500 to 441.643, the county, municipality, local housing corporation or neighborhood association shall file for record, with the recorder of deeds of the county in which any such real estate is situated, a written notice of the pendency of the suit pursuant to the requirements of section 527.260. From the time of filing such notice the pendency of suit shall be constructive notice to persons thereafter acquiring an interest in the building.
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(L. 1969 p. 537 § 6, A.L. 1971 S.B. 163, A.L. 1998 H.B. 977 & 1608, A.L. 2001 H.B. 133)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 441 - Landlord and Tenant › Section 441.560 - Denial of entry a defense.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 441
• Effective - 28 Aug 1969
441.560. Denial of entry a defense. —
It shall be a sufficient defense to the proceeding if the defendant establishes that he, the owner or his agent has been unable to obtain entry to a portion of the premises for the purpose of correcting the nuisance, notwithstanding his good faith effort so to do, or that the occupants are in violation of section 441.630.
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(L. 1969 p. 537 § 7)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 441 - Landlord and Tenant › Section 441.570 - Action of court upon finding a nuisance exists.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 441
• Effective - 28 Aug 1998
441.570. Action of court upon finding a nuisance exists. —
The court may, after hearing and finding the dwelling unit or building constitutes a nuisance:
(1) Appoint a receiver and direct that present and future rents due from one or more occupants be paid by the occupant or occupants with such receiver as such rents fall due; or
(2) Allow the owner a reasonable time to correct the deficiencies.
­­Any rents paid pursuant to the provisions of this section shall be applied to the costs incurred due to the abatement and receivership. Upon the completion of the work required to abate the nuisance, any remaining surplus after authorized disbursements and payments of cost shall be forwarded to the owner, together with a complete accounting of the rents paid and the costs incurred.
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(L. 1969 p. 537 § 8, A.L. 1998 H.B. 977 & 1608)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 441 - Landlord and Tenant › Section 441.580 - Payment of rent, effect of.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 441
• Effective - 28 Aug 1998
441.580. Payment of rent, effect of. —
Upon the entry of an order directing the payment of rents pursuant to section 441.570, such payment in accordance with the terms of the order shall be a valid defense to any action or proceeding brought by an owner against any tenant to recover possession of real property for the nonpayment of rent due and payable after the date of issuance of the order.
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(L. 1969 p. 537 § 9, A.L. 1998 H.B. 977 & 1608)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 441 - Landlord and Tenant › Section 441.600 - Receiver discharged, when.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 441
• Effective - 28 Aug 1993
441.600. Receiver discharged, when. —
The receiver shall be discharged upon rendering a full and complete accounting to the court when the conditions giving rise to the receivership have been removed and the cost thereof, and all other costs authorized by sections 441.500 to 441.640, have been paid or reimbursed and any surplus money has been paid over to the owner or the mortgagee or any lienor as the court may direct. However, at any time, the receiver may be discharged upon filing his account as receiver without affecting the right of the code enforcement agency to its lien. Upon the removal of the condition giving rise to the receivership, the owner, the mortgagee or lienor may apply for the discharge of the receiver upon payment to the receiver of all moneys expended by the receiver for removal of such condition and all other costs authorized by sections 441.500 to 441.640 which have not been paid or reimbursed.
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(L. 1969 p. 537 § 11, A.L. 1993 S.B. 376)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 441 - Landlord and Tenant › Section 441.610 - Waiver of provisions of sections 441.500 to 441.640 void.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 441
• Effective - 28 Aug 1998
441.610. Waiver of provisions of sections 441.500 to 441.640 void. —
Any provision of a lease or other agreement whereby any provision of sections 441.500 to 441.643 for the benefit of an occupant of a dwelling unit or units is waived or denied shall be deemed against public policy and shall be void.
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(L. 1969 p. 537 § 12, A.L. 1998 H.B. 977 & 1608)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 441 - Landlord and Tenant › Section 441.630 - Duties of occupant.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 441
• Effective - 28 Aug 1998
441.630. Duties of occupant. —
Every occupant of a dwelling unit under the provisions of sections 441.500 to 441.643 shall be responsible to pay all rents due from him or her when such rents become due and to exercise reasonable care:
(1) To dispose of all rubbish and garbage in his or her dwelling unit, and other organic waste which might provide food for rodents, in a clean and sanitary manner;
(2) To refrain from unreasonable use of electrical, heating, and plumbing fixtures;
(3) To meet all obligations lawfully imposed upon the occupants of dwelling units by the code enforcement agency or the community;
(4) To refrain from willfully or wantonly destroying, defacing, damaging, impairing or removing any part of the structure or dwelling unit or the facilities, equipment, or appurtenances thereof, and to prohibit any other person on the premises with his or her permission from doing likewise; and
(5) Shall not under any circumstances take in additional occupants, sublease, rent or turn over said premises to any persons without the owner's knowledge and consent.
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(L. 1969 p. 537 § 14, A.L. 1998 H.B. 977 & 1608)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 441 - Landlord and Tenant › Section 441.641 - Court appoints receiver to abate nuisance — holder of title does not act to regain possession, transfer of title, when.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 441
• Effective - 28 Aug 1998
441.641. Court appoints receiver to abate nuisance — holder of title does not act to regain possession, transfer of title, when. —
If the court appoints a receiver to abate a nuisance pursuant to sections 441.500 to 441.643, and the holder of title to the property or any other party in interest does not take action to regain possession of the property within two years of the appointment of the receiver, the court may, for good cause shown, issue a judicial deed transferring title to the property to the receiver, or to any not-for-profit corporation organized pursuant to law.
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(L. 1992 H.B. 1434 & 1490 § 1, A.L. 1998 H.B. 977 & 1608)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 441 - Landlord and Tenant › Section 441.643 - Frivolous suit, attorney's fees.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 441
• Effective - 28 Aug 1998
441.643. Frivolous suit, attorney's fees. —
In the event the court finds that the facts alleged in the petition filed pursuant to section 441.530 are unfounded and that the petition was filed frivolously and in bad faith, the petitioner shall be responsible for the reasonable attorney's fees attributable to the defense of said petition.
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(L. 1998 H.B. 977 & 1608)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 441 - Landlord and Tenant › Section 441.645 - Act of God, tenant not liable for rent.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 441
Effective - 28 Aug 2010
441.645. Act of God, tenant not liable for rent. —
If a residence is destroyed by an act of God, including but not limited to fire or a tornado, or other natural disaster or man-made disaster, so long as the tenant was not the person who caused the disaster, the tenant shall not be liable to the landlord for rent during the remainder of the term of the lease agreement.
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(L. 2010 H.B. 1692, et al.)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 441 - Landlord and Tenant › Section 441.710 - Certain parties have standing to initiate expedited eviction proceedings.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 441
• Effective - 28 Aug 1997
441.710. Certain parties have standing to initiate expedited eviction proceedings. —
Any of the following parties shall have standing to bring a civil action pursuant to sections 441.710 to 441.880:
(1) A landlord; or
(2) A prosecuting attorney of the jurisdiction in which the leased property is located.
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(L. 1997 H.B. 361)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 441 - Landlord and Tenant › Section 441.720 - Expedited eviction actions, where filed, when continued or stayed.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 441
• Effective - 28 Aug 1997
441.720. Expedited eviction actions, where filed, when continued or stayed. —
1. Actions pursuant to sections 441.710 to 441.880 shall be filed in the associate circuit court for the county in which the premises are located. Upon filing of a verified petition alleging the conduct described in section 441.740, the court shall issue a summons directed to the defendant. The provisions of sections 535.030 and 535.110 shall apply to actions brought pursuant to sections 441.710 to 441.880. The court shall set for hearing a cause of action brought pursuant to sections 441.710 to 441.880 as soon as practicable but in no event shall such hearing be held later than fifteen days following the service of the summons.
2. The court shall, subject to the provisions of section 441.880, neither continue or stay an action brought pursuant to the provisions of sections 441.710 to 441.880 except for compelling and extraordinary reasons.
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(L. 1997 H.B. 361)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 441 - Landlord and Tenant › Section 441.730 - Failure to prosecute claim, court may substitute other interested party.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 441
• Effective - 28 Aug 1997
441.730. Failure to prosecute claim, court may substitute other interested party. —
If the court finds that those parties with standing pursuant to section 441.710 have failed to either initiate or pursue a matter with reasonable diligence, then the court may substitute as a plaintiff any party that both consents to the appointment and that meets the definition of an interested party. Substitution may only be had after giving to the parties, if the action has been filed, or to the landlord and the defendant if the action has not been filed, reasonable notice and opportunity to be heard by the court on the proposed substitution. As used in sections 441.710 to 441.880, an
"interested party"
is defined as any incorporated, not-for-profit neighborhood association or community-based organization which represents the well-being and interests of the community where the leased property is located.
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(L. 1997 H.B. 361)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 441 - Landlord and Tenant › Section 441.740 - Immediate eviction ordered, when — immediate removal ordered, when.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 441
• Effective - 28 Aug 2023, 2 histories
441.740. Immediate eviction ordered, when — immediate removal ordered, when. —
1. The court shall, subject to the provisions of sections 441.750 and 441.880, order the immediate eviction of a tenant as set forth in section 441.770, or issue an order pursuant to section 441.830, if it finds any of the following:
(1) An emergency situation where dispossession of the tenant by other, less expeditious legal means would, because of the passage of time, imminently cause with a reasonable certainty either of the following:
(a) Physical injury to other tenants or the lessor; or
(b) Physical damage to lessor's property and the reasonable cost to repair such damage exceeds an amount equal to twelve months of rent; for the purposes of this paragraph, the term
"rent"
shall include the amount owed by the tenant along with any subsidy owed from any third party.
­­No action shall be taken under this subdivision unless the lessor first makes a reasonable attempt to abate the emergency situation through public law enforcement authorities or local mental health services personnel authorized to take action pursuant to section 632.305 et seq., as appropriate;
(2) Drug-related criminal activity has occurred on or within the property leased to the tenant;
(3) The property leased to the tenant was used in any way to further, promote, aid or assist in drug-related criminal activity;
(4) The tenant, a member of the tenant's household or a guest has engaged in drug-related criminal activity either within, on or in the immediate vicinity of the leased property;
(5) The tenant has given permission to or invited a person to enter onto or remain on any portion of the leased property, and the tenant did so knowing that the person had been removed or barred from the leased property pursuant to the provisions of sections 441.710 to 441.880; or
(6) The tenant has failed to promptly notify the plaintiff that a person whom the plaintiff previously had removed from the property leased by the tenant, with the knowledge of the tenant, has returned to, entered onto or remained on the property leased by the tenant.
2. The court shall, subject to the provisions of section 441.880, order the immediate removal of any person who engages in criminal activity described in this section on or in the immediate vicinity of the leased property. Persons removed from the leased premises pursuant to this section shall be immediately barred from entering onto or remaining on any portion of the leased property.
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(L. 1997 H.B. 361, A.L. 2023 S.B. 106)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 441 - Landlord and Tenant › Section 441.750 - Immediate eviction, not granted when — tenant's burden of proof.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 441
• Effective - 28 Aug 1997
441.750. Immediate eviction, not granted when — tenant's burden of proof. —
1. The court shall not order the eviction of a tenant under section 441.740 if the tenant establishes that he or she in no way furthered, promoted, aided or assisted in activity described in section 441.740, and that the tenant did not know or have reason to know that such activity was occurring on or within the property, or the tenant was unable to take action to prevent the activity because of verbal or physical coercion by the person conducting the activity.
2. Actions filed pursuant to sections 441.710 to 441.880 against a tenant, where the criminal activity described in section 441.740 is alleged to have been conducted by a person other than a tenant, may be filed following at least five days' written notice to the tenant specifying the provisions of this section and the conduct alleged in the petition, provided the tenant then fails to take at least one of the following measures against the person alleged to be conducting such activity and delivers written proof of same to the plaintiff:
(1) The tenant seeks a protective order, restraining order, order to vacate the premises, or other similar relief which would apply to such activity; or
(2) The tenant reports the activity to a law enforcement agency or the county or prosecuting attorney in an effort to initiate a criminal action against the person conducting the activity.
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(L. 1997 H.B. 361)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 441 - Landlord and Tenant › Section 441.760 - Immediate removal of parties other than tenant, when — immediate removal of tenant or lessee, when.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 441
• Effective - 28 Aug 2014
441.760. Immediate removal of parties other than tenant, when — immediate removal of tenant or lessee, when. —
1. If the plaintiff has met its burden of proof for a complete eviction but the tenant successfully pleads an affirmative defense to the eviction pursuant to section 441.750, then the court shall not terminate the tenancy but shall order the immediate removal of any person who the court finds conducted the drug-related activity which was the subject of the eviction proceeding.
2. If the plaintiff presents evidence that a person is not lawfully occupying a dwelling unit as either a tenant or a lessee, the court shall order the immediate removal of such person unlawfully occupying the dwelling unit.
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(L. 1997 H.B. 361, A.L. 2014 H.B. 1410 merged with S.B. 655)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 441 - Landlord and Tenant › Section 441.770 - Court-ordered eviction, when — court-ordered removal of third party from leased premises, when — expedited eviction order — stay of execution of eviction order, when.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 441
• Effective - 28 Aug 2014
441.770. Court-ordered eviction, when — court-ordered removal of third party from leased premises, when — expedited eviction order — stay of execution of eviction order, when. —
1. If the grounds for an eviction have been established pursuant to subsection 1 of section 441.740, the court shall order that the tenant be evicted from the leased property. Following the order, the tenant shall have twenty-four hours to vacate the premises and the landlord shall subsequently have a right to reenter and take possession of the premises.
2. If the grounds for a removal have been established pursuant to subsection 2 of section 441.740, the court shall order that those persons found to be engaging in the criminal activity described therein be immediately removed and barred from the leased property, but the court shall not order the tenancy be terminated.
3. The court may order the expedited execution of an eviction or removal order by requiring the order's enforcement by the appropriate agency within a specified number of days after final judgment.
4. The court may stay execution of an eviction or removal order for a reasonable length of time if the moving party establishes by clear and convincing evidence that immediate removal or eviction would pose a serious danger to the party and that this danger outweighs the safety, health and well-being of the surrounding community and of the plaintiff.
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(L. 1997 H.B. 361, A.L. 2014 H.B. 1410 merged with S.B. 655)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 441 - Landlord and Tenant › Section 441.780 - Notice not required in certain eviction actions, when.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 441
• Effective - 28 Aug 1997
441.780. Notice not required in certain eviction actions, when. —
Notwithstanding any other provision of law concerning the procedures otherwise used in eviction proceedings, it shall not be necessary, except as provided in section 441.750, to provide notice to the tenant to vacate the premises prior to filing a cause of action pursuant to sections 441.710 to 441.880.
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(L. 1997 H.B. 361)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 441 - Landlord and Tenant › Section 441.790 - Certain evidence admissible in certain eviction-related actions.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 441
• Effective - 28 Aug 1997
441.790. Certain evidence admissible in certain eviction-related actions. —
Relevant evidence obtained in good faith by a law enforcement officer or agency shall be admissible in a civil action brought pursuant to sections 441.710 to 441.880. This provision operates even though the cause of action may have been brought or is being prosecuted by a law enforcement agency.
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(L. 1997 H.B. 361)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 441 - Landlord and Tenant › Section 441.800 - Criminal prosecution unnecessary for certain eviction proceedings to begin — drug-related criminal conviction, effect on certain eviction proceedings.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 441
• Effective - 28 Aug 1997
441.800. Criminal prosecution unnecessary for certain eviction proceedings to begin — drug-related criminal conviction, effect on certain eviction proceedings. —
1. A civil action brought pursuant to sections 441.710 to 441.880 shall not be precluded even though a criminal prosecution involving the drug-related activity has not been commenced, will not be commenced, has not been concluded or has been concluded without a judgment of conviction.
2. If a criminal prosecution involving the drug-related criminal activity results in a criminal conviction the conviction shall collaterally estop the convicted defendant from challenging the essential allegations of the criminal offense in any subsequent civil proceeding brought pursuant to sections 441.710 to 441.880.
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(L. 1997 H.B. 361)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 441 - Landlord and Tenant › Section 441.810 - Discovery in certain eviction proceedings.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 441
• Effective - 28 Aug 1997
441.810. Discovery in certain eviction proceedings. —
The plaintiff shall provide to all defendants a reasonable opportunity, prior to the hearing, to examine all documents or records that are within the plaintiff's possession and which are relevant to the pending action. The court may allow further discovery if further discovery would not unduly delay the action and would ensure fair disposition of the action.
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(L. 1997 H.B. 361)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 441 - Landlord and Tenant › Section 441.820 - Protection orders for witnesses in certain eviction proceedings.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 441
• Effective - 28 Aug 1997
441.820. Protection orders for witnesses in certain eviction proceedings. —
The court may issue orders to protect persons that may be called as witnesses in a civil action brought pursuant to sections 441.710 to 441.880. An order may issue upon a showing that the witness has been threatened, intimidated or otherwise has reason to fear for their safety if they are called as a witness in the cause of action. Protective orders issued pursuant to sections 441.710 to 441.880 may include, but are not limited to, the nondisclosure of names, addresses or the in camera examination of witnesses.
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(L. 1997 H.B. 361)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 441 - Landlord and Tenant › Section 441.830 - Court authorized to grant preliminary relief to parties in certain eviction proceedings.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 441
• Effective - 28 Aug 1997
441.830. Court authorized to grant preliminary relief to parties in certain eviction proceedings. —
Pursuant to section 441.740, the court may issue restraining orders or grant whatever preliminary relief is necessary to either prevent the commission of drug-related criminal activity on or in the immediate vicinity of the leased premises, or to protect the rights and interests of the parties or those residing in the immediate vicinity of where the premises are located.
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(L. 1997 H.B. 361)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 441 - Landlord and Tenant › Section 441.840 - Rent to continue accruing during certain eviction proceedings.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 441
• Effective - 28 Aug 1997
441.840. Rent to continue accruing during certain eviction proceedings. —
A landlord shall be entitled to collect rent due and owing from the tenant during the pendency of a civil action brought pursuant to sections 441.710 to 441.880.
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(L. 1997 H.B. 361)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 441 - Landlord and Tenant › Section 441.850 - Certain parties entitled to attorney's fees in certain eviction proceedings, when.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 441
• Effective - 28 Aug 1997
441.850. Certain parties entitled to attorney's fees in certain eviction proceedings, when. —
An interested party or prosecuting attorney that prevails in an action brought pursuant to sections 441.710 to 441.880 shall be entitled to recover from the landlord the reasonable costs of prosecuting the suit, including but not limited to reasonable attorney's fees, if the landlord failed to take reasonable corrective action within thirty days after having received a written request to do so by the prevailing plaintiff.
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(L. 1997 H.B. 361)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 441 - Landlord and Tenant › Section 441.860 - Remedies cumulative.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 441
• Effective - 28 Aug 1997
441.860. Remedies cumulative. —
The remedies authorized by sections 441.710 to 441.880 shall be cumulative with each other and shall be in addition to, not in lieu of, any other remedies available at law or in equity.
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(L. 1997 H.B. 361)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 441 - Landlord and Tenant › Section 441.870 - Immunity from civil liability in certain eviction proceedings, granted when.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 441
• Effective - 28 Aug 1997
441.870. Immunity from civil liability in certain eviction proceedings, granted when. —
Any person or organization that institutes or participates in an action brought pursuant to sections 441.710 to 441.880 shall be immune from civil liability for actions performed in good faith and in the furtherance of the cause of action.
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(L. 1997 H.B. 361)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.010 - Definitions.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
• Effective - 01 Mar 2011, 2 histories, see footnote
442.010. Definitions. —
When used in this chapter unless otherwise apparent from the context:
(1) The term
"adult"
shall be construed as meaning any person who is eighteen years of age or older;
(2) The term
"minor"
shall be construed as meaning any person who is less than eighteen years of age;
(3) The term
"real estate"
shall be construed as coextensive in meaning with lands, tenements and hereditaments, and as embracing all chattels real and as including a manufactured home as defined in section 700.010, which is real estate as defined in subsection 7 of section 442.015.
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(RSMo 1939 § 3439, A.L. 1974 2d Ex. Sess. S.B. 2, A.L. 2010 S.B. 630)
Prior revisions: 1929 § 3052; 1919 § 2211; 1909 § 2822
Effective 3-01-11
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.012 - Solar energy is a property right — eminent domain not permitted — easement requirements.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
Effective - 28 Aug 1979
442.012. Solar energy is a property right — eminent domain not permitted — easement requirements. —
1. The right to utilize solar energy is a property right but eminent domain may not be used to obtain such property right.
2. Any easements obtained for the purpose of construction, reconstruction, remodeling or acquisition of a solar energy device shall only be created in writing and shall be subject to the same conveyancing and instrument recording requirements as other easements. Any instrument creating a solar easement shall include, but not be limited to: The vertical and horizontal angles, expressed in degrees, at which the solar easement extends over the real property subject to the solar easement and any terms or conditions or both under which the solar easement is granted or will be terminated. Easements for solar light shall be considered a negative easement and cannot be acquired by prescription but must be negotiated expressly.
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(L. 1979 H.B. 71 § 1)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.020 - Conveyances of lands.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
Effective - 28 Aug 1939
442.020. Conveyances of lands. —
Conveyances of lands, or of any estate or interest therein, may be made by deed executed by any person having authority to convey the same, or by his agent or attorney, and acknowledged and recorded as herein directed, without any other act or ceremony whatever.
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(RSMo 1939 § 3401)
Prior revisions: 1929 § 3014; 1919 § 2174; 1909 § 2787
CROSS REFERENCE:
Statute of frauds--conveyances to be in writing, 432.010
(1953) Conveyance of lots by reference to recorded plat on which tract was designated as private street, creates perpetual easement in such tract for street purposes in purchasers of lots abutting thereon and their successors. Larkin v. Kieselmann (Mo.), 259 S.W.2d 785.
(1953) Because of statutory provisions for transfer of land by deed and the recording thereof, the reservation by grantor in a deed of the power to sell, rent, lease or otherwise dispose of land during his lifetime, while including the power to revoke the deed, is not invalid nor is such a deed a testamentary disposition of land. St. Louis County Nat. Bank v. Fielder, 364 Mo. 207, 260 S.W.2d 483.
(1967) A contingent remainder is an "interest" in land within the meaning of this section. McNeal v. Bonnel (Mo.), 412 S.W.2d 167.
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.025 - Conveyance to self and others to create joint estate.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
Effective - 28 Aug 1953
442.025. Conveyance to self and others to create joint estate. —
1. Any person or persons owning real estate, or any interest therein, which he or they have power to convey, may effectively convey such real estate by a conveyance naming himself or themselves and another person or persons, or one or more of themselves and another person or persons, as grantees, and the conveyance has the same effect as to whether it creates a joint tenancy, or tenancy by the entireties, or tenancy in common, or tenancy in partnership, as if it were a conveyance from a stranger who owned the real estate to the persons named as grantees in the conveyance.
2. Any two or more persons owning real estate, or any interest therein, which they have power to convey, may effectively convey such real estate by a conveyance naming one, or more than one, or all such persons as grantees, and the conveyance has the same effect, as to whether it creates a separate ownership, or a joint tenancy, or tenancy by the entireties, or tenancy in common, or tenancy in partnership, as if it were a conveyance from a stranger who owned the real estate, to the persons named as grantees in the conveyance.
3. Any "person" mentioned in this section may be a married person, and any "persons" so mentioned may be persons married to each other.
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(L. 1953 p. 615 § 442.024)
CROSS REFERENCE:
Homestead, conveyance requirements, 513.475
(1954) Tenants in common in trust estate, consisting of personal property, having power to alter or amend trust agreement, could make such changes as were necessary to change their ownership to joint tenancy with right of survivorship. Creek v. Union National Bank (Mo.), 266 S.W.2d 737.
(1960) Conveyance to two persons with habendum clause reciting that grantees are to hold "as joint tenants, and not as tenants in common, with right of survivorship, and to their heirs and assigns forever" created joint tenancy and the right of survivorship was defeated by a subsequent conveyance by one of joint tenants. McClendon v. Johnson (Mo.), 337 S.W.2d 77.
(1961) A deed executed in 1943 by owner of land to his wife conveying an interest in real estate and reciting that under the deed the first party was reserving unto himself a co-tenancy by the entirety with the party of the second part in and to said premises, the intention being to vest fee simple title in the premises in the grantor and grantee, husband and wife, by the entirety with the right of survivorship held to create an estate by the entirety. Kluck v. Metsger (Mo.), 349 S.W.2d 919.
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.030 - Conveyance of property of spouse — covenants.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
Effective - 28 Aug 2001
442.030. Conveyance of property of spouse — covenants. —
A husband and wife may convey the real estate of the husband or wife by their joint deed acknowledged and certified as herein provided. Where the property conveyed is owned by the husband and wife as an estate by the entirety, then both shall be bound by the covenants therein expressed or implied.
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(RSMo 1939 § 3402, A.L. 2001 H.B. 537)
Prior revisions: 1929 § 3015; 1919 § 2175; 1909 § 2788
CROSS REFERENCES:
Conveyance by joint deed of husband or wife and guardian of spouse, when authorized, 451.300
Homestead, how conveyed, 513.475
(1956) Where acknowledgment on deed of husband and wife conveying a perpetual easement for right-of-way was fraudulent, the deed was sufficient to convey the easement but insufficient to release inchoate dower. McCoy v. N.W. Electric Power Co-op. (Mo.), 297 S.W.2d 390.
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.040 - Person under eighteen years of age may join in conveyance with adult spouse.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
Effective - 07 Jan 1975, see footnote
442.040. Person under eighteen years of age may join in conveyance with adult spouse. —
When any person under eighteen years of age is married to an adult who has or claims any interest in real estate and wishes to convey, encumber, lease or otherwise dispose or affect the same, the minor shall be deemed of age for the purpose of joining with his adult spouse in the execution of any instrument affecting the spouse's real estate.
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(RSMo 1939 § 374, A. 1949 S.B. 1124, A.L. 1959 S.B. 140, A.L. 1974 2d Ex. Sess. S.B. 2)
Effective 1-07-75
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.055 - Contamination of premises, radioactive or hazardous material — disclosure to prospective lessees, purchasers, or transferees — penalty.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
Effective - 28 Aug 2018
442.055. Contamination of premises, radioactive or hazardous material — disclosure to prospective lessees, purchasers, or transferees — penalty. —
In the event that any premises to be rented, leased, sold, transferred, or conveyed is or was previously contaminated with radioactive material or other hazardous material, the owner, seller, landlord, or other transferor shall disclose in writing to the prospective lessee, purchaser, or transferee the fact the premises is or was previously contaminated with radioactive material or other hazardous material; provided that, the owner, seller, landlord, or other transferor has knowledge of such radioactive or other hazardous contamination. In the event that an owner, seller, landlord, or other transferor does not make the disclosure as required under this section
*
, and the person had knowledge of such radioactive or other hazardous contamination, the person shall be guilty of a class A misdemeanor. As used in this section, the term
"knowledge"
shall require the receipt by the owner, seller, landlord, or other transferor of a report stating affirmatively that the premises is or was previously contaminated with radioactive material or other hazardous material.
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(L. 2018 H.B. 1796)
*Word "subsection" appears in original rolls.
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.060 - Private or public corporations may convey real estate.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
Effective - 28 Aug 1939
442.060. Private or public corporations may convey real estate. —
Any corporation, private or public, or otherwise organized, authorized to hold real estate, may convey the same by deed, sealed with the common seal of such corporation, and signed by the president or presiding member or trustee thereof; or any other officer, who by virtue of holding any designated office, the incumbent of which is authorized to perform such duties on behalf of the corporation, by resolution of its governing board, which resolution may contain a general authority to convey or may be limited to a specific case or to any class of cases; and such deed, when acknowledged or proved, as other deeds of real estate are by law required to be acknowledged or proved, shall be recorded in the proper office and have like effect as other deeds; provided, however, that nothing in this section contained shall be construed to grant any power not heretofore granted to any municipal corporation or to any county or to any political subdivision of this state.
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(RSMo 1939 § 3404)
Prior revisions: 1929 § 3017; 1919 § 2177; 1909 § 2790
CROSS REFERENCES:
Banks and trust companies, power to take and hold real estate, 362.165
Ultra vires conveyance by corporation, effect, 351.395
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.070 - Person may convey, notwithstanding adverse possession.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
Effective - 28 Aug 1939
442.070. Person may convey, notwithstanding adverse possession. —
Any person claiming title to real estate may, notwithstanding there may be an adverse possession thereof, sell and convey his interest therein, in the same manner and with like effect as if he was in the actual possession thereof.
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(RSMo 1939 § 3405)
Prior revisions: 1929 § 3018; 1919 § 2178; 1909 § 2791
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.080 - Conveyances by persons under eighteen years of age binding, when.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
Effective - 07 Jan 1975, see footnote
442.080. Conveyances by persons under eighteen years of age binding, when. —
All deeds, mortgages, deeds of trust and other instruments affecting title to real estate hereafter executed by any person under the age of eighteen shall be binding upon such person under the age of eighteen unless he shall file a deed or other instrument duly acknowledged in the office of the recorder of deeds where the land is situate, disaffirming the same, within two years after the disability of the minority is removed.
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(RSMo 1939 § 3446, A. 1949 S.B. 1124, A.L. 1974 2d Ex. Sess. S.B. 2)
Prior revisions: 1929 § 3059; 1919 § 2218
Effective 1-07-75
(1960) Where emancipated minor, after misrepresenting his age, entered into a contract to mortgage residence property then purchased, and made a down payment thereon and certain payments on the mortgage, he would not be permitted to recover the payments made on the mortgage and a judgment on a counterclaim making him liable under the mortgage and decreeing foreclosure thereof and directing a general levy to recover the balance of any deficiency was held good on the ground that such expenses were for necessaries. Merrick v. Stephens (A.), 337 S.W.2d 713.