Future advances may be secured, how
This law covers how rental agreements can be ended. If someone rents month-to-month or without a written lease, either the landlord or renter can end the agreement by giving one month's written notice. Mobile home renters who own their home but rent the land get at least 60 days notice before the landlord can end the lease. If a court says a renter must leave and the renter does not go, the landlord can get a law enforcement officer to help take back the property. A limit of two people per bedroom is considered reasonable, but does not count children born to the tenants during the lease.
443.055. Future advances may be secured, how — definitions — requirements — limitations — priorities — procedure, exceptions. — 1. A or by sufferance, or for less than one year, may be terminated by the person entitled to the possession by giving one month's notice, in ing, to the person in possession, requiring the person in possession to the .
2. An occupancy limitation of two persons per bedroom residing in a shall be reasonable for this state. The two-person limitation shall not apply to a child or children born to the s during the course of the .
3. Except as otherwise provided by law, all contracts or agreements for the leasing, renting or of stores, shops, houses, or other buildings in cities, towns or villages, and of stores, shops, houses, tenements or other buildings except when such leasing, renting or occupation is as tenant of used or rented for agricultural purposes, other than garden purposes, not made in writing, signed by the , or their s, shall be held and taken to be tenancies from month to month, and all such tenancies may be terminated by either , or the party's agent, giving to the other party, or the party's agent, one month's notice, in writing, of the party's intention to terminate such .
4. (1) Except as provided in (2), the landlord or the tenant may terminate a by a written notice given to the other party stating that the tenancy shall terminate upon a not less than one month after the receipt of the notice.
(2) When a person occupies and has an ownership interest in a mobile home and is leasing the land or the lot upon which the mobile home is located, a tenancy for less than one year may be terminated by the landlord by giving written notice to the tenant that the tenancy shall terminate not sooner than sixty days from the date the rent payment next becomes due, any regarding earlier lease termination to the contrary.
5. If after the and a request for an on any rendered in an chapter 524, chapter 534, chapter 535, or this chapter and there is no , the officer fails to possession of the premises to the landlord within seven days of the of the writ to such officer, the landlord may, within sixty days of the date of the judgment, in the presence of a or county of the in which the premises are located, without , break and remove locks, enter and take possession of the premises and remove any household goods, furnishings, fixtures or any other left in or at the premises, provided the law enforcement officer is first presented a true copy of the judgment and of execution, and the law enforcement officer acknowledges in writing such presentation, and such is filed in court by the within five days following taking possession of the premises.
6. Except for , or acts or omissions of the landlord, or failure to both timely obtain and file the law enforcement officer acknowledgment described in the preceding , the landlord shall have no for loss or damage to any household goods, furnishings, fixtures or any other personal property left in or at the dwelling unit, by reason of the landlord's removal of the property in accordance with the of this section.
(RSMo 1939 § 2971, A.L. 1951 p. 747, A.L. 1997 H.B. 361)
Prior revisions: 1929 § 2584; 1919 § 6880; 1909 § 7883
Leases, not in writing, operate as s at will, 432.050
(1956) When on nonpayment of rent under lease by tenant, landlord invoked harsh of and sought to recover double and double rents, he would be held to strict requirements of common law as to forfeiture, i.e. that rent was required to be demanded on the day it became due. Waring v. Rogers (A.), 286 S.W.2d 374.
(1962) Where tenant did not give notice in writing of termination of month-to-month tenancy, landlord recovered rent for three month period extending to time landlord restored center in building which act constituted acceptance of surrender of premises. Rauth v. Dennison (A.), 357 S.W.2d 201.
(1963) Where tenant did not occupy house under written agreement, and written notice to remove was on August 7, 1961, landlord had immediate right to possession when she sued in therefor on September 14, 1961, and of possession was proper. Davis v. Broughton (A.), 369 S.W.2d 857.
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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.