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RSMo 441.040effective 28 Aug 1997

Landlord may take possession, when

In plain English

If a renter breaks the rules in sections 441.020 or 441.030 (like using the place to sell drugs), the landlord can give the renter 10 days written notice to leave. After that, the landlord can legally remove the renter and anyone else staying there. If the landlord goes to court over illegal drug use on the property, the landlord has to prove it was happening — but the landlord is not in trouble for acting on written information from police saying drugs were being sold or used there.

Word-for-word law

441.040. Landlord may take possession, when — landlord , when, . — If any violates the of section 441.020 or 441.030, the landlord, or person holding under the landlord, after giving ten days' notice to the , shall have a right to the premises and take possession of the premises, or to the tenant, or of any person on the premises with the permission of the , or by the procedure specified by law. The landlord shall have the to prove that the premises were being used for the illegal possession, sale or distribution of under a filed for that reason, but the landlord shall not be liable for any resulting from the landlord's reliance on written notification to the landlord by a that the premises are being used for the illegal conduct described in section 441.020.

(RSMo 1939 § 2968, A.L. 1997 H.B. 361)

Prior revisions: 1929 § 2582; 1919 § 6878; 1909 § 7881

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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.

RSMo 441.040: Landlord may take possession, when | KnowMo Laws